Federal Judge Blocks DOJ Push to Remove 20,000 California Ballots
Federal judge halts Justice Department’s effort to remove 20,000 ballots in California, citing legal and procedural concerns.
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A federal judge has ruled against the Justice Department’s attempt to remove over 20,000 ballots in California, calling the effort legally unsound and disruptive to the ongoing election process. U.S. District Judge David Carter, an appointee of former President Bill Clinton, issued a 26-page order late Wednesday, rejecting the DOJ’s request to set aside ballots from individuals the department claims are noncitizens.
Judge Rejects DOJ’s Legal Claim
Carter emphasized that Congress did not grant the executive branch the authority to dictate how states count votes, and the criminal statute the DOJ relies on only penalizes noncitizens for voting, not for states to segregate ballots. The judge also noted that the law prohibits systematic removals from voter rolls within 90 days of an election, and temporary segregation of ballots is effectively the same as such removal.
The judge argued that the DOJ’s approach would disrupt an already underway vote, discourage election administrators, and discard ballots that were lawfully cast by citizens. He further stated that if prosecutors have evidence of illegal voting, the appropriate remedy is an indictment, not the removal of ballots. The DOJ had already charged 28 individuals the same day it requested the emergency order.
California’s Ballot Process and DOJ’s List
California mails ballots to all 23 million registered voters, and over 3.5 million had already been returned by the time of the ruling. Los Angeles County alone had processed more than 550,000 ballots, which are now untraceable once removed. The DOJ provided officials with 48 hours in mid-October to review the names on its list, but they declined, leading to the lawsuit.
The DOJ claims it built its list by cross-referencing California’s public voter file with immigration, passport, and Social Security data, and it estimates 20,000 as a minimum. However, Los Angeles County’s own review found that 42.9% of sampled records were already canceled, and 71.2% of the full list had never voted. The judge pointed out the DOJ did not disclose an error rate and had reduced its initial estimate from 190,832 names to about 20,000.
Appeals and Dissent
The DOJ immediately appealed the decision, and a top federal prosecutor in Los Angeles stated the solicitor general authorized the move. However, the judge rejected the DOJ’s argument that processing ballots dilutes the value of legal votes. The appeals court also ruled against the DOJ in a 2-1 decision, with Judge Patrick Bumatay dissenting, arguing that the federal government has a sovereign interest in federal elections.
Source: Breitbart
