9th Circuit panel questions basis for feds' request to block 20,000 California ballots
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9th Circuit panel questions basis for feds' request to block 20,000 California ballots

Los Angeles Times • • general

Key Points:

  • A federal appeals court judge appointed by President Trump expressed constitutional concerns over the Trump administration's request to halt counting 20,000 California ballots flagged for possible noncitizen voters during the midterm election.
  • Judge Mark J. Bennett questioned the administration's authority to intervene in state election processes, emphasizing California's constitutional right under the Elections Clause to manage its elections and Congress's lack of challenge to the state's procedures.
  • The Justice Department argued it has the legal right to challenge ballots from alleged noncitizen voters based on federal criminal law, but California officials and legal experts contend the administration's claims rely on flawed data and that complying with the demands would disrupt the election.
  • The appellate court panel did not issue a ruling immediately but showed skepticism about the Trump administration's jurisdiction and legal merit, with judges questioning the reliability of the administration's data and the timing of the appeal before lower court review.
  • This case is part of broader efforts by the Trump administration to intervene in state election processes, facing multiple rejections by federal courts and criticism from voting rights advocates who warn such actions risk disenfranchising legitimate voters.

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