DOJ Drops Lawsuit Challenging California Noncitizen Ballots
Federal prosecutors move to dismiss case after failing to sequester contested election ballots.
1DOJ Abandons Legal Challenge
The Department of Justice officially moved to dismiss its lawsuit against California regarding approximately 20,000 ballots. The federal government had initially sought to prevent the state from counting these votes, alleging they belonged to noncitizens. This decision follows the conclusion of the midterm elections and significant procedural hurdles in court.
2Procedural Impossibility of Relief
The motion to dismiss stated that the requested relief is no longer available because the challenged ballots have been commingled with lawful ones. Once California processes a ballot, it becomes completely anonymized, making it impossible to sequester specific votes. Federal prosecutors acknowledged that the legal objective became moot after Election Day.
3Judicial Resistance and Rulings
U.S. District Judge David O. Carter previously denied the government's request to separate these ballots. In a blistering order, he warned that such actions would disenfranchise eligible citizens and wreak havoc on the election process. The Supreme Court also rejected an emergency appeal from the DOJ regarding this specific matter.
4Context of Election Integrity
The lawsuit was part of a broader Trump administration effort to exert control over state-run elections. Officials argued that the list of suspected noncitizens was out of date and included legitimate voters. Despite these claims, the administration provided no evidence to support the assertion that the election was rife with illegal voting.
5Scope of California Processing
California had processed roughly 9 million ballots by the time the motion was filed, with nearly 5 million remaining. The lawsuit was initiated in mid-October, well after ballots were mailed to the state's 23 million registered voters. By the time legal action began, hundreds of thousands of ballots were already processed.
6Criminal Investigations Continue
While the civil lawsuit is ending, California prosecutors have arrested over 30 noncitizens accused of illegally registering to vote. Some individuals face additional charges for casting ballots in previous elections. Election clerks have received subpoenas to testify before grand juries, though the specific targets of these criminal investigations remain currently unclear.
7Broader Legal Strategy Challenges
The Justice Department remains involved in other litigation regarding its use of suspected noncitizen lists. A similar lawsuit filed in Alaska to block a Democratic Senate victory was swiftly dismissed by a federal judge. The administration is currently appealing that ruling, although a full brief has not yet been filed.
8Implications for Future Oversight
The dismissal highlights the difficulty of challenging election results after processing has begun. By failing to secure an early injunction, the federal government lost the ability to isolate contested votes. This case underscores the tension between federal oversight efforts and the established administrative procedures governing state-run election ballot counting systems.
Original article: CBS News – Politics — DOJ Drops Lawsuit Challenging California Noncitizen Ballots