9th Circuit: California Must Count Ballots in 20,000 Person Dispute

The Justice Department lost a bid to pause the counting of roughly 20,000 disputed ballots in California on Friday. A federal appeals court ruled that the state cannot segregate these specific votes without risking chaos in the broader election system. Hours later, a district judge issued a separate order preventing federal prosecutors from pressuring local election workers during the processing phase.

The administration alleges that California mailed ballots to approximately 20,000 individuals who may not be U.S. citizens. The department wants these ballots set aside until citizenship is verified. State officials argue the data is unreliable and likely includes many eligible citizens. A district court judge had already denied the request on Wednesday, warning that the federal demands could disenfranchise lawful voters.

The 9th Circuit Court of Appeals panel issued a 2-1 decision on Friday. The majority opinion, written by Judge Mark J. Bennett and joined by Judge Gabriel P. Sanchez, stated there is no feasible way to identify and segregate specific ballots without catastrophic effects. Judge Bennett was appointed by President Donald Trump, while Judge Sanchez was appointed by former President Joe Biden. Judge Patrick J. Bumatay, also a Trump appointee, dissented, arguing that California's refusal to separate the ballots encourages the violation of federal law.

A separate emergency order from U.S. District Judge Trina L. Thompson in the Northern District of California barred the Justice Department from threatening or coercing election workers. The order came after labor unions filed a suit earlier on Friday. Judge Thompson, a Biden nominee, noted that ballots had already been issued and processing had begun. The order also prevents the department from demanding that local officials segregate ballots deemed ineligible by the federal government.

April Verrett, president of the Service Employees International Union, called the ruling a victory for the workers who manage the elections. Meanwhile, Bill Essayli, the top federal prosecutor in Los Angeles, warned that any official who knowingly processes a noncitizen's ballot faces legal jeopardy. The department has subpoenaed election officials in Los Angeles County regarding communications about the noncitizen allegations. At least three local officials have been asked to appear before a grand jury the day after the election.

In a third ruling, a federal judge ordered the Trump administration to share the disputed list of names with lawyers from the Coalition for Humane Immigrant Rights and the UCLA Voting Rights Project. This is the first time a nongovernment group will evaluate the list of 20,000 names. The federal government appealed the decision on Friday evening. Xavier Becerra, the Democratic candidate for California governor, serves as an adviser to the UCLA Voting Rights Project.

The Justice Department maintained that enforcing the ban on noncitizen voting is its primary job. Kiersten V. Pels, a department spokesperson, wrote that every ballot cast by an ineligible voter cancels out the vote of an American citizen. In a related 9th Circuit decision, judges paused federal investigations into illegal voting in nine states until after Election Day. The panel found that public investigations had caused some citizens to hesitate in participating in election activities.