Judge Signals Doubt on DOJ Suit Over California Mail-In Ballots

A federal appeals court panel expressed skepticism on Sunday regarding a Justice Department lawsuit aimed at forcing California to discard mail-in ballots sent to suspected noncitizens. The three-judge group heard arguments during a rare weekend session, with Circuit Judge Mark Bennett indicating the court would issue a decision promptly.

Bennett, appointed by President Donald Trump, suggested the case might face legal hurdles. He cited the Elections Clause of the US Constitution, which grants states primary authority over election administration. Bennett told Justice Department lawyer Matthew Donnelly that the government’s request appeared to clash with existing California statutes. “It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause,” Bennett stated. “How can we do that?”

The Justice Department filed the complaint on October 15, just under three weeks before the November 3 midterm elections. The suit seeks to have federal courts set aside thousands of mail-in ballots that the administration claims were mailed to “likely noncitizens.” According to the filing, the Trump administration provided California officials with a list of 20,000 names of individuals deemed ineligible to vote due to citizenship status.

This litigation is part of a wider administrative effort to challenge alleged noncitizen voting ahead of the midterms. These elections will decide control of Congress and various state and local offices. Trump has frequently promoted the idea that the Democratic Party benefits from widespread noncitizen voting. He has specifically targeted California, denouncing the state’s primaries earlier this year after candidates he supported, including Los Angeles mayoral candidate Spencer Pratt, did not meet his expectations. “There's BIG cheating by the Dumocrats in California,” Trump wrote on social media before announcing a US Attorneys' Office investigation.

Critics argue the administration’s actions aim to suppress voter turnout through confusion and intimidation. Voting rights advocates note that the government has not publicly detailed how it compiled the list of suspected noncitizens. Whistleblower reports have also cast doubt on the accuracy of similar lists used by the administration.

California officials maintain that the state has strong safeguards to prevent noncitizens from voting. They argue the Justice Department’s claims rely on questionable data. Governor Gavin Newsom criticized the lawsuit in a statement earlier this month. “This is a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day,” Newsom said. “We will continue to carry out free and fair elections in the Golden State, and call out this authoritarian as he tries every play in the dictator's playbook.”

Polls indicate that Republican candidates face difficult odds in the upcoming midterms. These prospects are influenced by Trump's declining approval ratings and public dissatisfaction with issues such as the cost of living and the US-Israel war on Iran.