Federal judges block Justice Department from halting California ballot processing

Federal courts in California issued three separate rulings on Friday that limit the Justice Department's authority over the state's ongoing midterm election. The decisions prevent the federal government from setting aside specific ballots, threaten election workers with legal action, and allow outside groups to review a list of disputed voters.

A 9th Circuit Court of Appeals panel voted 2-1 to reject the Justice Department's request to pause the counting of approximately 20,000 ballots. The administration argues that these ballots belong to individuals who may not be U.S. citizens. The court stated there is no feasible way to identify and separate these specific ballots without disrupting the entire system. Judge Mark J. Bennett and Judge Gabriel P. Sanchez formed the majority, while Judge Patrick J. Bumatay dissented. Bumatay argued that California's refusal to separate the ballots encourages violations of federal law.

Hours later, U.S. District Judge Trina L. Thompson issued an emergency order in the Northern District of California. This order bars the Justice Department from threatening or coercing election workers who are processing ballots. The ruling was granted after labor unions filed a suit earlier that day. Thompson noted that millions of Californians have already voted and hundreds of thousands of ballots have been processed. The order also prevents the department from demanding that local officials segregate votes deemed ineligible by the federal government.

In a third ruling, a federal judge ordered the administration to share its list of roughly 20,000 disputed names with lawyers for the Coalition for Humane Immigrant Rights and the UCLA Voting Rights Project. This is the first time a nongovernment organization will have access to evaluate the list. The federal government appealed this decision on the same evening. Xavier Becerra, the Democratic candidate for California governor, serves as an adviser to the UCLA Voting Rights Project.

The Justice Department has increased its legal pressure on Los Angeles County. The department issued subpoenas to election officials requesting documents related to letters sent in July and October. These letters outlined the allegations about noncitizen voters. At least three local election officials have been asked to appear before a grand jury the day after the election. Bill Essayli, the top federal prosecutor in Los Angeles, warned that election officials who knowingly process ballots from noncitizens face legal jeopardy.

A separate 9th Circuit decision on Friday kept federal investigations into illegal voting on hold in nine states until after Election Day. The panel, consisting of judges nominated by Democratic presidents, found that public investigations caused some citizens to fear being targeted. The investigations can resume once the midterms conclude on Tuesday.

The Justice Department maintains that enforcing the ban on noncitizen voting is its primary duty. Kiersten V. Pels, a department spokesperson, stated that every ballot cast by an ineligible voter cancels out the vote of an American citizen.