California Ordered to Respond to DOJ Emergency Request on Mail-In Ballots

A federal appeals court has directed California to address an emergency request from the Trump administration regarding about 20,000 mail-in ballots. These ballots were sent to individuals the Department of Justice (DOJ) suspects are noncitizens ahead of midterm elections.

The U.S. Court of Appeals for the Ninth Circuit issued this order late on Friday after the DOJ’s prior filing on the same day. The DOJ seeks to have these ballots set aside for eligibility review, rather than mixed with other votes, as a precaution.

In their filing, submitted by Attorney General Todd Blanche and First Assistant U.S. Attorney Bill Essayli, the DOJ stressed the significance of time sensitivity. The filing cautioned that processing these ballots without setting them aside might result in the disenfranchisement and dilution of U.S. citizens’ votes.

Despite the Ninth Circuit’s order, a hearing is still scheduled in front of U.S. District Judge David Carter next Tuesday. The decision from the appeals court is yet uncertain before this hearing.

Bill Essayli, the first assistant U.S. attorney for the Central District of California, recently informed the media that evidence exists of the 20,000 individuals receiving mail-in ballots. His office has since sued California to ensure these ballots are not counted.

In an interview, Essayli mentioned, “We’re not asking California to make drastic changes. Our main goal is to sequester the ballots from suspected noncitizens. We believe the minimum count is 20,000.”

Earlier this week, Essayli engaged in a public dispute with Governor Gavin Newsom over the integrity of the state’s election systems. Essayli criticized the state for lax citizenship verification, while Newsom stood by the state’s legal compliance.

California election officials have opposed the DOJ’s demands, arguing they lack the authority and resources necessary for federal citizenship status verification. They contend that separating ballots from individuals on the DOJ’s list is unfeasible once processing starts, as separating ballots from their verified envelopes makes it difficult to identify them individually.

According to court records, 331,000 ballots have already been processed in Los Angeles County. A suit was originally filed by Essayli’s office on October 15, shortly after the mailing process for the ballots began.