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Justice Department seeks Supreme Court order on California mail ballots of alleged noncitizens

The emergency filing follows a divided 9th Circuit panel ruling against the Justice Department's request to segregate ballots.

The short version

  • The Trump administration asked the Supreme Court to require California to set aside mail ballots from alleged noncitizens.[CBS News]
  • A divided 9th Circuit panel declined on Friday to order segregation, and a district judge rejected a restraining order on Wednesday.[CBS News]
  • California officials have questioned the list's accuracy, while the Solicitor General argues the ballots must be segregated now.[CBS News]
  • The number of disputed ballots is likely far below 20,000, according to one report citing county findings.[NPR]

Key facts

  • The Trump administration asked the Supreme Court on Monday to require California to set aside mail ballots from alleged noncitizens.[CBS News]
  • A three-judge 9th Circuit panel ruled 2-1 on Friday against the Justice Department's request to require the ballots to be separated and not counted.[CBS News · NPR]
  • U.S. District Judge David Carter rejected the administration's request for a temporary restraining order on Wednesday.[CBS News]
  • Solicitor General D. John Sauer argued in a filing that the challenged ballots must be segregated now to preserve the court's ability to grant relief later.[CBS News]
  • More than 6 million mail ballots had been returned statewide as of Sunday, according to the California secretary of state's office.[CBS News]
  • 9th Circuit Judges Mark J. Bennett and Gabriel P. Sanchez wrote in their Friday decision that there is a material risk of disenfranchisement.[NPR]
  • The actual number of disputed ballots is likely much smaller than 20,000, according to one report citing county election officials' findings.[NPR]

What remains uncertain

  • It is not yet known whether the Supreme Court will act on the emergency request or how the dispute will be resolved.[CBS News]
  • The smaller estimate of disputed ballots is an inference from county findings and has not been independently confirmed in the reporting.[NPR]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.