The US Justice Department has approached a federal appeals court in an effort to stop California from counting more than 20,000 mail-in ballots ahead of the November midterm elections, escalating a dispute over voter eligibility and federal authority over elections.
In a filing on Thursday, the department asked the 9th US Circuit Court of Appeals to intervene in its lawsuit before a lower court issued a ruling. The Trump administration argues that the ballots in question were cast by voters who may not be US citizens and wants their eligibility verified before they are counted.
The move came after US District Judge David Carter did not issue an immediate decision on the department’s request for emergency relief. Justice Department officials had sought a ruling by Thursday afternoon and interpreted the absence of a decision as a constructive denial of their application.
Carter has scheduled a hearing for next week to examine the administration’s demand for an order temporarily preventing California from counting the disputed ballots until the voters’ citizenship status can be confirmed.
The case has drawn attention as the November 3 midterm elections approach, with control of Congress at stake. The dispute also highlights the broader conflict over the administration’s efforts to increase federal involvement in election oversight.
Under the US electoral system, individual states are primarily responsible for administering elections, making challenges involving federal intervention particularly contentious.
The appeals court’s response could prove significant as the legal battle unfolds close to election day, with thousands of ballots caught in the middle of the dispute.
