Judge refuses to let the Justice Department set aside 20,000 California ballots, saying it would 'wreak havoc'; DOJ appeals
AP's report quotes the ruling at length and explains why segregating already-opened ballots is so hard; a follow-up covers the subpoenas and the special master.
On October 28, U.S. District Judge David O. Carter denied the Trump administration's request that California set aside the mail ballots of up to 20,000 registered voters that Homeland Security agencies flagged as likely noncitizens. Carter wrote the request "would wreak havoc and disrupt the election that is already underway" and that "if the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger." More than 3.7 million Californians had already voted, and Los Angeles County said over 500,000 ballots had been separated from their envelopes. Prosecutors filed an appeal the same evening; the 9th Circuit had dismissed an earlier appeal 2-1 on October 26 because Carter had not yet ruled.
On October 29, Carter appointed a special master to examine the federal list, which both sides agree includes an unspecified number of citizens. AP also reported that federal prosecutors subpoenaed Los Angeles County election staff to appear in court on November 4, citing a Homeland Security criminal investigation.
Across the spectrum 3
Democrat
Rob Bonta, California Attorney General: Reacting to the 9th Circuit's October 26 dismissal, Bonta said "the U.S. Constitution gives states and Congress -- not the President or the Executive Branch -- the power to determine the time, place, and manner of elections," adding that "voter fraud is exceedingly rare."
NBC Los Angeles ↗Libertarian
Jacob Sullum, Reason: Writing on October 29, Sullum says Trump has exaggerated illegal noncitizen voting "often in service of his own vanity" and that, "judging from Nevada's experience, the actual number may be closer to zero."
Reason ↗Republican
Bill Essayli, First Assistant U.S. Attorney (Trump administration), who argued the case: After the ruling Essayli wrote that "every day, more ballots are processed by election officials" and "this ongoing emergency disenfranchises American citizens through dilution," and has said segregating a ballot "does not prevent it from being counted later."
PBS News (AP) ↗-
National Voter Registration Act of 1993
After exploring Judge denies federal request to segregate California ballots, says it would 'wreak havoc' on voting, the federal law the judge leaned on is the National Voter Registration Act of 1993.
The 1993 "Motor Voter" law, signed by President Bill Clinton, requires states to offer simplified voter registration when people apply for or renew a driver's license or apply for public assistance.
Wikipedia · Swim · 30 min
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