Trump Administration Asks Supreme Court to Freeze 20,000 California Mail Ballots

The Trump administration filed an emergency appeal with the Supreme Court on Monday, seeking to pause the counting of approximately 20,000 mail ballots in California. The Department of Justice requested a limited injunction that would direct state officials to set these specific ballots aside until the voters' citizenship status is verified. This move occurred one day before the midterm elections, which will determine control of Congress.

Federal officials argue that the ballots should not be counted until verification is complete. Solicitor General D. John Sauer stated that once California mixes the disputed ballots with lawful ones, separating them becomes impossible. The administration has prioritized identifying noncitizen voters this year, although such voters are statistically rare. The Justice Department previously asked an appeals court to intervene early but was unsuccessful.

A divided panel of the Ninth Circuit Court of Appeals rejected the request on Monday. Two judges, one appointed by President Donald Trump and one by President Joe Biden, voted to uphold the lower court's order. A third judge, also appointed by Trump, dissented. That dissenting opinion argued that California’s refusal to separate the ballots encourages the violation of federal law.

The dispute stems from a federal list of individuals suspected of lacking citizenship. California officials contend the list is highly unreliable and likely includes many U.S. citizens. State election officials have stated that finding and setting aside the challenged ballots now would be logistically impossible. Voting in California, a largely Democratic state, began in early October. The state mails ballots to all roughly 23 million registered voters, and hundreds of thousands have already been processed.

Federal judges have repeatedly blocked the administration's efforts. U.S. District Judge David O. Carter, nominated by President Bill Clinton, warned that segregating ballots would wreak havoc on the elections. He noted that if the executive branch can discount votes based on unproven allegations, democracy is in danger. Chief Judge James Boasberg agreed, ordering the administration to stop its demands. He found that the executive likely violated the Constitution's Elections Clause, which assigns authority over election rules to states and Congress.

California Attorney General Rob Bonta, a Democrat, called the Supreme Court appeal a desperate attempt to undermine the elections. He said the move tramples on the rule of law. The Supreme Court justices have previously rejected the president's push to restrict mail ballots before the midterms. The administration has, however, secured several wins in emergency appeals during this second term.

The Supreme Court has not yet set a timeline for a decision. The midterm election is scheduled for Tuesday. California officials are preparing to count all received ballots unless the high court issues an emergency stay.