Justice Dept Drops Ballot Case

The U.S. Justice Department filed a motion on Friday to voluntarily dismiss its lawsuit challenging the counting of approximately 20,000 ballots in California. The filing argues that the specific court order sought is no longer possible because Tuesday’s midterm election has concluded and the contested votes have been mixed with valid ones.

Assistant U.S. Attorney Julie Hamill wrote to U.S. District Judge David O. Carter that the government can no longer segregate the challenged ballots. She stated that California will have already commingled the votes by the time of the scheduled Nov. 13 hearing. This makes the relief the United States originally sought unavailable, rendering a voluntary dismissal necessary.

The Justice Department initially sought an order forcing state and Los Angeles County officials to set aside the ballots, alleging they might belong to noncitizen voters. Judge Carter and a three-judge panel of the U.S. 9th Circuit Court of Appeals both rejected that request. The U.S. Supreme Court subsequently denied the Trump administration's appeal without noting any dissents.

Judge Carter had previously ruled that the government’s intervention was likely unconstitutional because the Constitution grants election powers to states and Congress, not the executive branch. He also found the request likely violated federal law restricting voter roll vetting close to an election. In an Oct. 28 ruling, he called the administration’s allegations about ineligible voters not credible and warned the action could disenfranchise eligible voters.

Kiersten Pels, a Justice Department spokesperson, described the litigation as moot but said the administration is not backing down on its targeting of alleged noncitizen voters. She noted that a separate case remains active, demanding that California conduct proper list maintenance and remove noncitizens from voter rolls to ensure fair future elections.

California Secretary of State Shirley Weber did not immediately respond to a request for comment on Friday. Dean Logan, the Los Angeles County Registrar-Recorder/County Clerk, said he was pleased that the administration accepted the court’s findings. He stated that state and federal law sets clear standards for verifying voter eligibility and that the county remains focused on completing the election certification.

California Attorney General Rob Bonta said the administration has given up its latest effort to interfere with California elections. He added that the state has and always will defend the fundamental right to vote. Tricia Webber, president of the California Association of Clerks and Election Officials, said state officials are pleased with the dismissal but remain prepared to defend against future challenges.

The dismissal filing arrived three days after President Trump’s party suffered heavy losses in the midterms. Judge Carter had ordered an expedited process to examine the reliability of the government's list, including a hearing on Nov. 13. Ending the case now stops that fact-finding process, though the list continues to be used by federal prosecutors to target individual voters for criminal prosecution.