Federal Court: California Mail Ballot Lawsuit May Clash with Constitution

U.S. Circuit Judge Mark Bennett signaled strong skepticism on Sunday regarding the Department of Justice's lawsuit against California. The federal government seeks a court order to discard thousands of mail-in ballots it claims were sent to likely noncitizens. Bennett, a appointee of President Donald Trump, spoke during a rare weekend oral argument. He indicated the three-judge panel will issue a decision as soon as possible.

During the proceedings, Bennett questioned the legal foundation of the administration's request. He pointed to the Elections Clause of the U.S. Constitution. This clause grants states, rather than the federal government, the authority to administer elections. Bennett asked Justice Department lawyer Matthew Donnelly how the court could issue an injunction that contradicts the law adopted by the California legislature. "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 case is part of a wider push by the Trump administration to address alleged noncitizen voting ahead of the November 3 midterm elections. The Justice Department filed its complaint on October 15, targeting the Democratic stronghold of California. The suit asks the federal court system to set aside ballots sent to individuals on a list of 20,000 names. The administration believes these individuals are not eligible to vote based on citizenship status.

President Trump has repeatedly promoted the claim that the Democratic Party benefits from noncitizen voting. He has targeted California in particular, criticizing the state's primaries earlier this year. After right-wing candidates underperformed, Trump wrote on social media, "There’s BIG cheating by the Dumocrats in California." He subsequently announced that the U.S. Attorneys’ Office would investigate the state.

California Governor Gavin Newsom responded to the October 15 lawsuit by stating the state has strong safeguards against noncitizen voting. He argued the Justice Department's claims rely on dubious data. "This is a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day," Newsom said. "We will continue to carry out free and fair elections in the Golden State, and call out this authoritarian as he tries every play in the dictator’s playbook."

Voting rights advocates have noted that the Trump administration has not publicly revealed how it compiled the list of noncitizen voters. Whistleblower reports have also raised questions about the accuracy of these lists. The midterm elections will determine which party controls the U.S. Congress, along with key state and local positions. Current polls predict steep odds for Republican candidates, citing Trump's falling approval ratings and public dissatisfaction with the cost of living and the U.S. war with Iran.

The three-judge panel is scheduled to issue its ruling in the near future. No specific date has been set for the decision.