Federal Appeals Court Hears Arguments in California Voting Lawsuit
Cyberzenhub.com – A federal appeals court hears arguments over the Trump administration’s emergency request in its lawsuit involving California voter rolls, but the panel ended an unusual Sunday session without issuing a decision. The Justice Department asked the court to act before a federal district court hearing scheduled for Tuesday at 1 p.m. PDT.
The administration alleges that roughly 20,000 possible noncitizens appear on California voter rolls and may have received mail ballots for the upcoming midterm election. California officials contest the reliability of the federal list, saying it may include lawful voters and people with no record of voting.
Judges Question Emergency Appeal
The three-judge panel included two judges appointed by President Donald Trump and one appointed by former President Joe Biden. The Justice Department wants election officials to separate ballots connected to people named on the list while citizenship questions are reviewed.
During the hearing, the judges focused heavily on whether the appeals court could intervene before the district judge considers the government’s request. Judge Mark Bennett repeatedly questioned the timing of the appeal, noting that the lower-court hearing was only days away.
“I don’t see how we have jurisdiction,” Bennett told Justice Department attorney Matthew Donnelly.
Donnelly said the government sought immediate action after California disclosed that hundreds of thousands of mail ballots were already being processed. The administration argues that the scale of ballot processing makes a quick court ruling necessary.
Constitutional Issues Take Center Stage
As the federal appeals court hears arguments, Bennett also raised concerns about the Constitution’s Elections Clause, which gives states a central role in determining how elections are conducted. Federal law and California law both prohibit noncitizens from voting, but Bennett questioned whether the criminal law cited by the Justice Department could override California’s election procedures.
“How can it preempt something that is expressly authorized by a provision of the Constitution?” Bennett asked.
The panel did not say when it would rule. Its decision could affect whether the district court proceeds Tuesday without direction from the appeals court or whether the Justice Department obtains temporary relief before that hearing.
California Disputes the Federal Voter List
The Justice Department filed the lawsuit earlier this month, accusing California of failing to investigate a federal list of alleged noncitizens who received mail ballots for next month’s midterm election. The administration also sent letters to every California county seeking assistance in determining the citizenship status of people on the list.
Federal officials asked counties to commit within 48 hours to working with the Justice Department and the Department of Homeland Security. The letters warned that election agencies could face federal scrutiny and potential legal consequences if they act without ensuring federal election integrity.
California officials have said the names must be verified and should not be viewed as proof that someone is ineligible to vote or unlawfully present in the country. State officials maintain that election investigations must protect eligible voters while examining credible claims of ineligibility.
Los Angeles officials highlighted those concerns in a court filing that examined 200 names from the larger list. They said the sample included a “high percentage” of people who reported being born in the United States, as well as many individuals with no voting history.
Nearly 40% of the 200 people reviewed said they were born in the United States, according to the filing. It also found that 71.2% of the records showed no voting history.
FAQ: California Voting Lawsuit
What is the Justice Department asking California to do?
The Justice Department is seeking action involving ballots associated with people on its list while their citizenship status is reviewed. It has also asked California counties to help verify the information.
Has the appeals court issued a ruling?
No. The court heard the emergency arguments but did not announce a decision.
Does the lawsuit prove that noncitizens voted?
No. California officials dispute the accuracy of the list and say inclusion on it does not establish that a person is a noncitizen, ineligible to vote, or has cast a ballot.
