US appeals court blocks government effort to stop California from tabulating ballots from list of alleged non-citizens.
A United States appeals court has ruled against the administration of President Donald Trump in its bid to block the state of California from counting certain mail-in ballots this election cycle.
In a decision on Monday, the 9th US Circuit Court of Appeals denied a request from the government to sequester roughly 20,000 mailed ballots ahead of the November 3 midterm election.
The Trump administration had asserted that the ballots were sent to people who are “likely” non-citizens.
But it has not publicly revealed how it created its list or determined that the voters identified upon it were ineligible due to their citizenship status.
In a two-to-one decision, the appeals court said the Trump administration had not given lower courts enough time to review the case. It therefore declined to stop California’s ballot tabulation.
The court’s majority also underscored that election administration was the state’s responsibility under the US Constitution.
The Trump administration was asking “the federal court to dictate to a state legislature a matter squarely within the state’s traditional domain”, Judge Gabriel Sanchez wrote in his opinion.
Sanchez also warned that granting the Trump administration’s petition would be “inviting disorder and confusion for voters and election officials alike”.
The Trump administration filed its lawsuit against California on October 15, less than three weeks before the midterm vote on November 3.