A federal appeals court has denied the Justice Department's request to set aside mail-in ballots from approximately 20,000 individuals suspected of being noncitizens. The decision, made by the 9th U.S. Circuit Court of Appeals, was reached with a 2-1 vote, mirroring a previous denial by the same panel.
Judges Mark Bennett and Gabriel Sanchez formed the majority, while Judge Patrick Bumatay dissented. The majority concluded that the Justice Department had not provided sufficient evidence to support its claim that federal law authorized intervention in the matter.
Additionally, they questioned the reliability of the government's list of suspected noncitizens. The court also expressed concern that separating the ballots could lead to the disenfranchisement of eligible voters and disrupt the entire tabulation process.
The decision comes after a lower court also denied the Justice Department's request for emergency relief. The appeals court's ruling may pave the way for an appeal to the Supreme Court, just days before the midterm elections. The Justice Department's effort is based on concerns about election integrity, as federal law prohibits noncitizens from voting in federal elections.
The case centers on the Justice Department's use of voter-registration records and immigration data to identify potentially ineligible voters. However, California has disputed the reliability of the list, leading to a broader dispute over the handling of mail-in ballots and allegations of noncitizen voting.