Federal Court Doubts: Judge Questions Legal Basis for California Ballot Lawsuit

Judge Mark Bennett, a Republican appointee, questioned the legal foundation of the federal government's effort to void California mail-in ballots during a rare weekend hearing. The Department of Justice filed the suit on October 15, asking the court to discard thousands of ballots sent to individuals it identifies as likely noncitizens. Bennett told the federal attorneys that the lawsuit conflicts with the Elections Clause of the US Constitution. That clause grants states, not the federal government, the authority to administer elections. He asked the Justice Department lawyer Matthew Donnelly how the court could issue an injunction that contradicts the rules the California legislature adopted.

The case is the latest move in the administration's push to address alleged noncitizen voting before the November 3 midterm elections. The Justice Department provided California officials with a list of 20,000 names it believes are ineligible to vote based on citizenship status. The administration has not publicly detailed how it compiled this list. Voting rights advocates have noted that whistleblower reports have raised questions about the accuracy of similar data sets in the past.

President Donald Trump has frequently promoted the idea that the Democratic Party benefits from widespread noncitizen voting. He has targeted California in particular, calling its primaries earlier this year and announcing a federal investigation into the state. Critics of the administration argue that these actions are designed to intimidate voters and lower turnout. The midterm elections will determine which party controls Congress and other key state and local offices. Current polls show Republican candidates facing steep odds, driven by declining approval ratings for Trump and voter dissatisfaction with the cost of living and the conflict in Iran.

California has responded to the lawsuit by pointing to its existing safeguards against noncitizen voting. The state argues that the federal government's claims rely on questionable data. Governor Gavin Newsom criticized the timing of the suit, calling it a desperate attempt to suppress voters. He stated that the state would continue to hold free and fair elections while challenging what he described as an authoritarian approach to the process.

The three-judge panel is expected to issue a decision as soon as possible following the oral arguments. The court will determine whether the federal government can force California to change how it processes mail-in ballots in the final weeks before Election Day.