California Ballots: Judge Questions Federal Challenge

Circuit Judge Mark Bennett expressed skepticism on Sunday regarding the Department of Justice lawsuit seeking to force California to discard mail-in ballots. The suit targets approximately 20,000 votes that the federal government believes belong to noncitizens. Bennett, an appointee of President Donald Trump, led a three-judge panel that heard rare weekend oral arguments. He stated the panel would issue a decision as soon as possible.

Bennett questioned the legal foundation of the federal challenge during the proceedings. He pointed to the Elections Clause of the US Constitution, which grants states the authority to administer their own elections rather than the federal government. Addressing Justice Department lawyer Matthew Donnelly, Bennett asked how the court could issue an injunction that contradicts the law adopted by the California legislature. He noted that the state's laws were created pursuant to that constitutional provision.

The federal complaint was filed on October 15, less than three weeks before the November 3 midterm elections. The Justice Department asked federal courts to set aside the ballots based on a list of names it sent to California officials. The administration claims these individuals are likely noncitizens. This legal action is part of a wider effort by the Trump administration to address alleged noncitizen voting in the state, a Democratic stronghold.

President Trump has frequently promoted the claim that the Democratic Party benefits from widespread voting by noncitizens. Earlier this year, he criticized California's primary elections after right-wing candidates did not meet his expectations. He wrote on social media that there was big cheating by Democrats in the state and announced an investigation by the US Attorneys' Office. Critics of these efforts argue they aim to lower voter turnout through intimidation.

Voting rights advocates have raised concerns about the methodology behind the federal list. They note that the Trump administration has not publicly revealed how it compiled the data. Whistleblower reports have also questioned the accuracy of similar lists in the past. The November midterms will determine which party controls the US Congress, along with key state and local positions. Current polls suggest difficult odds for Republican candidates due to the president's falling approval ratings and public dissatisfaction with the cost of living and the war in Iran.

California has responded to the lawsuit by citing its existing safeguards against noncitizen voting. The state argues that the Justice Department's claims rely on questionable data. Governor Gavin Newsom called the lawsuit a desperate attempt to suppress voters just before Election Day. He said in a statement that the state will continue to hold free and fair elections while challenging the administration's approach.

The three-judge panel is scheduled to deliver its ruling in the near future. The decision will determine whether the 20,000 mail-in ballots remain counted in the November 3 results. The case centers on the balance of power between state and federal authority in managing elections.