Judges skeptical of Trump administration effort for force California to set aside mail ballots

A federal appeals panel signaled doubt Sunday that the Justice Department can make California pull aside mail ballots tied to suspected noncitizens while its midterm count proceeds. At an emergency videoconference, Judge Mark Bennett, a Trump appointee, said the Elections Clause appears to let the state decide how it runs elections. Judge Gabriel Sanchez, a Biden appointee, also pressed Justice Department lawyer Matthew Donnelly, according to CNN.

The government's argument leans on a roster of more than 20,000 alleged noncitizens on California's voter rolls. Donnelly said little about its source beyond that it was bought. Sanchez noted the claims "very much depend on the reliability of that list." Samuel Siegal, for California and its secretary of state, called the data stale, said similar federal lists had proved faulty, and said voters must take many steps to attest to citizenship.

Judge Patrick Bumatay, another Trump appointee, seemed more receptive, asking how noncitizens are investigated and whether California could learn of illegal voting without a court order. The judges also asked why the department skipped ahead of the district court; Donnelly replied that more than 300,000 mail ballots were already processed.

Summarized by PolitiKool from CNN’s reporting. Read the full story at CNN →