Trump administration brings California ballot fight to Supreme Court

The Trump administration asked the US Supreme Court on Monday, 2 November, to intervene in a dispute over California’s postal ballots on the eve of the midterm elections. The Justice Department wanted election officials to set aside ballots from more than 20,000 registered voters whom federal officials described as likely non-citizens, pending checks on their citizenship. California disputed the reliability of the government’s list and resisted the proposed change to its ballot procedures. A federal district court and the Ninth Circuit Court of Appeals had declined to grant the emergency relief sought by the administration.

Later on Monday, the Supreme Court rejected the emergency application, leaving California’s existing ballot procedures in place for Tuesday’s election. The decision did not establish whether any voter on the list was ineligible. The administration argued that separating the ballots would help enforce the federal prohibition on non-citizens voting in federal elections. The appeals court said the government had not shown that it could compel state and local officials to use its preferred procedure. The case illustrates the tension between federal enforcement of voting law and states’ responsibility for running elections, particularly when a requested change comes so close to polling day.