The Trump administration has escalated its legal efforts by seeking intervention from the Supreme Court regarding the handling of ballots in California, alleging that over 20,000 noncitizens have registered to vote in the state. The administration, represented by U.S. Solicitor General D. John Sauer, has requested an order for California to segregate these ballots until voter citizenship can be confirmed. Sauer’s contention is based on the principle that counting ballots from noncitizens contravenes federal law, which prohibits non-U.S. citizens from voting in federal elections.
This move by the administration comes after efforts in lower courts were unsuccessful. On October 28, Judge David Carter of the U.S. District Court denied the request to sequester the ballots, citing doubts over the credibility of the administration’s claims regarding these voters’ citizenship status. Subsequently, the U.S. Court of Appeals for the 9th Circuit upheld this decision by denying a motion for emergency relief.
The urgency of the matter is emphasized by the proximity of the midterm elections, leaving little time for resolution. The administration has argued that, should the disputed ballots be combined with valid ones, it would be impossible to rectify the situation post-election. This, they argue, could result in irreparable harm to the integrity of the election results.
Sauer emphasized that California would not face significant difficulties by complying with the segregation of these ballots, noting that such practices are common in election law to address disputes. The request to the Supreme Court seeks an immediate temporary order to maintain the current separation of ballots while the matter is under consideration.
The decision now rests initially with Justice Elena Kagan, who handles emergency appeals from the 9th Circuit. Justice Kagan may choose to act independently or refer the case to the full Supreme Court for consideration. The full article is available on SCOTUSblog.