Appeals judges question DOJ ballot suit

Circuit Judge Mark Bennett expressed doubt that the Justice Department's lawsuit against California would survive legal review. The federal case seeks to force the state to discard mail-in ballots that Washington believes were sent to noncitizens. Bennett, appointed by President Donald Trump, told the court's panel that he was skeptical of the government's position.

The three-judge panel held a rare oral argument session on Sunday. Bennett stated the court would issue a decision as quickly as possible. He challenged Justice Department lawyer Matthew Donnelly on the legal basis for the request. Bennett noted that the Elections Clause of the US Constitution grants states, not the federal government, the primary authority to run elections.

Bennett told Donnelly that the requested injunction appeared to conflict with existing California law. "It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause," Bennett said. He asked, "How can we do that?"

The Justice Department filed its complaint on October 15. This was less than three weeks before the November 3 midterm elections. The lawsuit asks federal courts to set aside thousands of mail-in ballots. The government claims these ballots were sent to "likely noncitizens." According to the filing, the administration provided California officials with a list of 20,000 names of people it deems ineligible to vote based on citizenship status.

This litigation is part of a wider administrative effort to address alleged noncitizen voting before the midterms. These elections will determine control of Congress and key state offices. President Trump has frequently cited claims about noncitizen voting. He previously criticized California's primaries after candidates he supported did not perform as expected. "There's BIG cheating by the Dumocrats in California," Trump wrote on social media. He also announced an investigation by the US Attorneys' Office.

Governor Gavin Newsom criticized the lawsuit in a statement earlier this month. He called it a "sad, desperate attempt" by Trump to use the Justice Department to suppress voters. "We will continue to carry out free and fair elections in the Golden State, and call out this authoritarian as he tries every play in the dictator's playbook," Newsom said. Voting rights advocates have noted that the administration has not explained how it compiled the list of 20,000 names. Whistleblower reports have also raised questions about the accuracy of such lists.

Polls indicate Republican candidates face difficult odds in the midterms. This is due to Trump's declining approval ratings and public concern over the cost of living and the US-Israel war on Iran. The appeals court panel is now expected to issue a ruling soon.