The Department of Justice (DOJ) has appealed to the Ninth Circuit Court of Appeals, requesting intervention in its effort to block California from counting mail-in ballots for voters suspected of being noncitizens. The DOJ argued that U.S. District Judge David Carter's failure to rule on its emergency application for injunctive relief by the deadline constituted a 'constructive denial.' The lawsuit, filed on October 15, aims to prevent the counting of ballots from more than 20,000 individuals identified by federal authorities as likely noncitizens. The DOJ urged California to set aside these ballots until citizenship could be verified, warning of a threat to election integrity.
Los Angeles County, however, has resisted the DOJ's demands, stating it lacks the necessary evidence or methodology to confirm the ineligibility of the voters. The county emphasized that it cannot withhold ballots based on unverified allegations and that it has no authority over records outside its jurisdiction. In its emergency filing on October 21, the DOJ contended that state and county officials lacked the mechanisms to prevent noncitizens from voting, posing an immediate threat to the integrity of lawful votes. The department warned that processing ballots without segregation would lead to untraceable disenfranchisement.
Los Angeles County also filed a motion to dismiss the DOJ's lawsuit, arguing the department lacks legal standing. The county pointed out that the DOJ failed to demonstrate a concrete injury traceable to its actions. Meanwhile, Acting Deputy Attorney General Trent McCotter urged county officials to temporarily set aside ballots with credible concerns about voter eligibility, warning of potential legal repercussions if they count ballots for noncitizens. Los Angeles County Registrar-Recorder Dean Logan reiterated that his office is committed to ensuring a fair and secure election.