20,000 names at center of federal challenge to California mail ballots

A federal appeals court panel has signaled skepticism toward the Department of Justice’s bid to force California to discard mail-in ballots.

The dispute centers on a list of 20,000 names provided by the federal government. The Justice Department alleges these individuals are likely noncitizens and therefore ineligible to vote.

Circuit Judge Mark Bennett, appointed by President Donald Trump, led the questioning during a rare weekend oral argument held on Sunday. He told Justice Department attorney Matthew Donnelly that the lawsuit may conflict with the Elections Clause of the U.S. Constitution. That clause grants states the power to administer their own elections.

“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. “How can we do that?”

The three-judge panel said it will issue a decision as soon as possible. The timing is critical because the November 3 midterm elections are less than a week away.

The lawsuit was filed on October 15, targeting California’s election procedures. The administration argues that mail ballots sent to likely noncitizens must be set aside. California officials responded that the state has strong safeguards to prevent ineligible voting. They also stated that the federal data underlying the suit is dubious.

Governor Gavin Newsom criticized the move in a statement earlier this month. “This is a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day,” he said. Newsom added that the state will continue to carry out free and fair elections.

Voting rights advocates have raised concerns about the transparency of the process. They noted that the administration has not publicly explained how it compiled the list of 20,000 names. Whistleblower reports have also cast doubt on the accuracy of similar lists in the past.

The case is part of a wider federal effort to address alleged noncitizen voting ahead of the midterms. The elections will determine which party controls the U.S. Congress and key state and local offices.