DOJ Seeks Supreme Court Review of California Ballot Dispute Days Before Election

The Justice Department has asked the U.S. Supreme Court to intervene in its dispute with California over voter rolls just one day before the November 3 election. After a federal district judge and a divided three‑judge panel of the 9th Circuit Court of Appeals turned down the DOJ’s request to order California to set aside and stop processing ballots, the department filed a notice on Monday indicating it will appeal to the high court.

The DOJ says it has identified 20,000 “likely” noncitizens on California’s voter roll whose ballots should not be counted until their citizenship can be verified.

The 9th Circuit panel rejected the emergency request, with Judges Mark Bennett and Gabriel Sanchez writing that granting the relief could result in disenfranchisement and could jeopardize the County’s entire election. Their opinion invoked the Purcell principle, which advises against changing election rules on the eve of an election, and noted that the Constitution gives states authority to run elections. The opinion also cited the National Voter Registration Act, which bars states from systematically removing ineligible voters within 90 days of a federal election. Judge Patrick Bumatay dissented.

County officials have indicated that the actual number of ballots in dispute is likely smaller than the DOJ’s figure, noting that many names on the DOJ list lack active voter registrations and were not mailed ballots.

The DOJ’s appeal comes as it has escalated its feud with California election officials. In recent weeks, DOJ officials warned local officials they could face criminal prosecution if they do not cooperate with federal demands to segregate ballots. Last week, the Justice Department sent grand jury subpoenas to employees at the Los Angeles County Registrar‑Recorder’s office.

It remains uncertain whether the Supreme Court will agree to hear the case or issue any ruling before Election Day.