A federal appeals court on Monday declined to order California election officials to set aside roughly 20,000 mail ballots that the U.S. Justice Department says likely belong to noncitizens, setting up another round in front of a district judge on Tuesday, a week before the Nov. 3 election.
What the court said
In a 2-1 per curiam opinion, the Ninth Circuit panel granted Los Angeles County's motion to dismiss the appeal, writing that "the United States failed to allow the district court adequate opportunity to consider its application for a Temporary Restraining Order," and so the appeals court lacked jurisdiction. Judge Bumatay dissented.
How the dispute unfolded
According to the opinion, California mailed ballots to all registered voters on Oct. 1, as state law requires. On Oct. 13 the federal government sent state and county officials a list of more than 20,000 "likely" noncitizens registered to vote and asked them to confirm citizenship within 48 hours or set those ballots aside. When officials refused, the U.S. sued on Oct. 15.
On the night of Oct. 21, the government asked U.S. District Judge David O. Carter to rule by noon the next day, noting the county had already processed more than 331,000 ballots since Oct. 5. When no ruling came by then, it appealed, calling the delay a "constructive denial." The opinion notes Carter planned to hold a hearing Tuesday, Oct. 27, and committed to ruling promptly.
What it means for Bay Area voters
The case names the State of California and Los Angeles County's registrar. For now, counting continues statewide, including in Bay Area counties. The AP report carried by Lookout noted the decision gives the federal government a very short window to compel California to sequester votes before Election Day.