As the election approaches, the U.S. Department of Justice (DOJ) is urging the Supreme Court to address its dispute with California regarding voter rolls. A day before Election Day, the DOJ seeks intervention after lower courts rejected its request to halt the processing of certain ballots.
The department argues that California’s voter roll includes 20,000 individuals it believes are noncitizens. It contends their ballots should be set aside until their citizenship status can be confirmed. However, both a federal district court and a divided panel from the 9th Circuit Court of Appeals have sided with California.
Judges Mark Bennett and Gabriel Sanchez highlighted the Purcell principle, which discourages changing election rules close to an election. They also emphasized states’ constitutional authority over election procedures and referenced the National Voter Registration Act, which restricts removing voters close to elections.
Judge Patrick Bumatay dissented from this perspective. Despite the DOJ’s stance, many on its list lack active voter registrations, reducing the number of disputed ballots.
The DOJ’s bid for the Supreme Court’s intervention is part of its broader conflict with California election officials. It recently warned these officials about potential criminal prosecution for non-compliance with federal demands. Additionally, subpoenas have been issued to staff at Los Angeles County’s election office as part of this escalating legal battle.

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