Federal Judge Questions Legal Basis of DOJ Ballot Suit Against California

A federal appeals court has cast doubt on the Department of Justice’s legal strategy to invalidate specific mail-in ballots in California. The lawsuit, filed on October 15, seeks to force the state to set aside thousands of ballots sent to individuals the federal government labels as likely noncitizens. With the November 3 midterm elections approaching, the outcome of this case could directly influence the count in one of the nation’s largest voting states.

Circuit Judge Mark Bennett, a Republican appointee, raised concerns during a rare weekend oral argument on Sunday. He told Matthew Donnelly, a lawyer for the Justice Department, that an injunction blocking state law might conflict with the Elections Clause of the Constitution. Bennett noted that this clause grants states, rather than the federal government, primary authority over election administration. “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 said. “How can we do that?”

The federal complaint includes a list of 20,000 names that the administration believes are ineligible voters based on citizenship status. This action is part of a wider executive effort to scrutinize voter rolls ahead of the midterms. The Department of Justice has not publicly detailed the methodology used to compile this list. Whistleblower reports have previously suggested potential inaccuracies in similar federal data sets, a point voting rights advocates have raised in the current dispute.

California officials argue the state maintains strict safeguards to prevent noncitizen voting. Governor Gavin Newsom criticized the federal move in a statement earlier this month, describing it as an attempt to suppress voters just weeks before Election Day. “We will continue to carry out free and fair elections in the Golden State,” Newsom said. He characterized the federal action as a tactic by an administration seeking to control the narrative of the upcoming race.

The political stakes are high as the midterms will determine party control of the US Congress. Current polls indicate challenging odds for Republican candidates, driven by declining presidential approval ratings and public dissatisfaction with economic costs and the war in Iran. Critics of the federal lawsuit argue that the timing and scope of the legal challenge are designed to create confusion and lower turnout in key districts.

Judge Bennett indicated the three-judge panel will issue a decision as soon as possible. The court has not set a specific date for the ruling. The outcome will determine whether the 20,000 targeted ballots remain in the count or are removed before the final certification of results in the state.