DOJ Urges Supreme Court to Halt 20,000 California Ballots

Clear Facts

• The Department of Justice filed an emergency appeal to the Supreme Court asking justices to lift a lower-court order blocking review of roughly 20,000 California mail-in ballots.
• DOJ attorneys argue these ballots were cast by individuals who are likely not United States citizens and therefore ineligible to vote under federal law.
• The filing came one day before the midterm elections, highlighting the urgency of the request to ensure only eligible voters have their ballots counted.

The Department of Justice moved quickly yesterday, filing an emergency application with the Supreme Court to set aside a block that has prevented state officials from segregating the disputed ballots. Federal lawyers contend the lower courts erred when they barred the separation of ballots that bear clear indications of non-citizen status.

Under federal statute, only United States citizens may cast ballots in federal elections. The DOJ maintains that allowing these 20,000 ballots to be counted alongside valid citizen ballots risks diluting the lawful votes of American citizens.

“The integrity of the ballot box is central to the constitutional order,” the filing states. “Allowing potentially ineligible votes to be intermingled with valid ballots creates irreparable harm that cannot be undone after Election Day.”

California election officials have resisted the segregation effort, claiming logistical difficulties and asserting that any review should occur after ballots are already mixed. The Justice Department counters that segregation now preserves the ability of courts to determine eligibility without disenfranchising citizens.

The case underscores a broader national debate over voter-roll maintenance and the enforcement of citizenship requirements in elections. Traditional American values place a premium on safeguarding the franchise for those lawfully entitled to it.

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