Trump asks Supreme Court to set aside 20,000 California ballots

The Justice Department’s emergency appeal came after rulings against it by a district court judge and a split 9th U.S. Circuit Court of Appeals. The administration wants California to keep the disputed ballots separate while it pursues its case, saying voters’ citizenship should be checked before their ballots are counted. It says mixing them with other ballots could make later relief impossible. The request does not seek to discard the ballots outright.

Trump’s last-minute ballot challenge risks disenfranchising Californians

The administration is asking the Supreme Court to intervene after lower courts rejected its effort to separate ballots tied to people on a federal list of suspected noncitizens. California officials have challenged the list’s reliability, and judges warned that the proposed action could keep eligible citizens from having their votes counted.

The timing is central to the stakes: the appeal arrived on November 2, the day before the midterm election. A district judge said the allegations stemmed from a process marked by uncertainty and errors; the appeals court found a material risk of disenfranchisement and said election procedures are for states to prescribe unless Congress changes the rules.

The Justice Department calls separation a limited measure while it investigates eligibility. But ballots singled out on an uncertain basis could be sidelined before voters’ rights are established. The Supreme Court is being asked to overturn lower-court rulings at the last moment, when a change could disrupt the state’s election process.

Supreme Court must weigh California ballot safeguards before votes are mixed

The Justice Department says California should preserve the disputed ballots separately while its legal challenge proceeds, rather than mix them with other votes before their eligibility can be checked. Solicitor General D. John Sauer argued that once ballots are combined, they cannot be retrieved for later review.

Lower courts rejected the request, with the 9th Circuit majority saying federal officials should take proposed election procedures to Congress rather than seek a last-minute court order. But the appeals court’s dissent called separation a modest remedy, and the administration argues the federal government has an interest in enforcing the law against noncitizen voting.

The dispute puts election integrity and the risk of wrongly excluding eligible voters in direct tension. California officials say the government’s list is unreliable and likely includes citizens; a district judge warned that separation could disenfranchise lawful voters. The Supreme Court must now consider the emergency request as the midterm election approaches.