Appeals Judge Questions DOJ Suit to Void California Mail-In Ballots

A federal appeals court panel expressed skepticism on Sunday about the Justice Department's attempt to force California to discard thousands of mail-in ballots. The three-judge group heard oral arguments over the weekend, a rare procedural step, and indicated a decision is expected soon. The lawsuit targets a state that serves as a Democratic stronghold in the upcoming November 3 midterm elections.

Judge Mark Bennett, who was appointed by President Donald Trump, voiced specific legal concerns during the hearing. He pointed to the Elections Clause of the US Constitution, which grants states rather than the federal government the primary authority to administer elections. Bennett told Matthew Donnelly, the attorney representing the Justice Department, that the requested injunction appeared to conflict with laws passed by the California legislature.

Bennett asked Donnelly directly how the court could issue an order that seemed entirely inconsistent with state law adopted under that constitutional provision. The judge's comments suggest the panel may find the federal government's standing to intervene in the state's specific ballot counting procedures is weak.

The federal complaint was filed on October 15. It requests that courts set aside ballots from individuals the government identifies as likely noncitizens. The administration provided California officials with a list of 20,000 names believed to be ineligible to vote based on citizenship status. The timing of the suit places it less than three weeks before the general election.

President Trump has long claimed that the Democratic Party benefits from widespread noncitizen voting. He announced an investigation by the US Attorneys' Office after criticizing California's primary results earlier in the year. On social media, he wrote that there was big cheating by Democrats in the state. His administration's actions have drawn criticism from voting rights advocates who say the method for compiling the list of noncitizens has not been publicly disclosed.

California Governor Gavin Newsom responded to the lawsuit by calling it a desperate attempt to suppress voters. He stated in a message earlier this month that the state would continue to hold free and fair elections. Newsom accused the administration of using a politicized Justice Department to challenge the integrity of the vote in the Golden State.

The midterm elections will determine which party controls the US Congress, alongside key state and local positions. Polls currently predict difficult odds for Republican candidates. These forecasts cite Trump's declining approval ratings and voter dissatisfaction with the cost of living and the US-Israel war on Iran. California maintains that its existing safeguards effectively prevent noncitizens from casting ballots and that the federal claims rest on questionable data.