DOJ Seeks Appeals Court Intervention In California Ballot Lawsuit

Authored by Aldgra Fredly via The Epoch Times,

The Department of Justice (DOJ) filed a notice of appeal on Oct. 22 in its bid to block California from counting mail-in ballots from voters whom the federal government suspected of being noncitizens.

The DOJ asked the Ninth Circuit Court of Appeals to intervene after U.S. District Judge David Carter failed to rule on its emergency application for injunctive relief by noon Thursday, the deadline set by the department.

The department said the judge’s silence amounted to what it called a “constructive denial” of its emergency application for preliminary injunctive relief, citing the “critical and exigent nature” of the case.

The DOJ sued California on Oct. 15 to prevent the counting of mail-in ballots from more than 20,000 people identified by the federal government as likely noncitizens.

The federal government asked that if California was not able to independently confirm the citizenship of the voters registered, the state should set aside ballots received until citizenship could be confirmed.

Los Angeles County said on Oct. 15 that it could not comply with the DOJ’s demand because the department has not provided evidence, sources, or methodology to establish that the individuals identified in its records were ineligible to vote.

“We cannot withhold or refuse to count ballots based solely on unverified allegations, nor can we disregard the legal requirements governing our election – and we certainly have no authority to act on records that are outside of our jurisdiction,” the county said in an Oct. 15 statement.

In its Oct. 21 emergency filing for a temporary restraining order, the DOJ said state and county officials contended they lacked the mechanisms and authority to prevent noncitizens from voting in the midterm elections.

The department argued that this showed an immediate threat to the integrity of lawful votes.

“As defendants continue processing ballots that cannot later be segregated or verified for eligibility, the dilution of lawful votes accelerates in real time,” the DOJ said in its filing.

“This is an emergency. Every minute of processing that occurs without segregating the ballots of suspected non-eligible voters causes untraceable disenfranchisement and dilution of the votes of United States citizens.“

Los Angeles County filed a motion on Oct. 21 asking the judge to dismiss the DOJ’s lawsuit, arguing the department lacked legal standing to bring the case.

“The executive, like any other plaintiff, must identify a concrete injury, actual or imminent, fairly traceable to the county’s conduct and likely to be redressed by the requested relief. The complaint identifies none,” it said.

Acting U.S. Deputy Attorney General Trent McCotter sent a letter to the Los Angeles County Counsel’s office on Oct. 16, saying the DOJ did not expect county officials to adjudicate anyone’s immigration status, but asked the county to temporarily set aside ballots when there are credible concerns about the voters’ eligibility.

McCotter warned that county officials could risk “becoming aiders and abettors to a federal crime” if they knowingly count ballots from individuals whom federal agencies have identified as noncitizens.

In response to the letter, Los Angeles County Registrar-Recorder Dean Logan said his office is focused on conducting a fair and secure election.