Appeals court rejects DOJ bid to set aside disputed California ballots

The 9th Circuit Court of Appeals rejected the Justice Department’s request for California to set aside disputed ballots received in the midterm election.
Washington — The U.S. Court of Appeals for the 9th Circuit on Friday rejected the Justice Department's request for California to set aside disputed ballots received in the midterm election.The panel's 2-1 ruling is the latest setback for the Trump administration's efforts to assert control over state-run elections. Judges Mark Bennett and Gabriel Sanchez said in an unsigned decision that the Justice Department failed to meet its burden in showing that an injunction pending appeal is warranted."Major concerns remain that granting the United States's requested relief might result in immense hardship to Defendants and harm the public interest by risking the disenfranchisement of eligible voters and putting the entire tabulation process in jeopardy," they wrote.Judge Patrick Bumatay dissented.The administration has alleged California sent ballots to some 20,000 people who may not be U.S.
citizens. It wants the state to set those ballots aside and not count them until citizenship can be verified. California officials say the list is highly unreliable and likely includes many people who are U.S. citizens.A district court judge already forcefully denied that request and warned that the Justice Department's demands could disenfranchise citizens."As the district court found — and we discern no clear error — there is no feasible way to identify and segregate the ballots of specific individuals without potentially catastrophic effects on the entire
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Politics & Law • U.S. News
