Supreme Court Keeps 20,000 California Ballots in Midterm Count

The Supreme Court blocked the Trump administration from removing 20,000 ballots from California's midterm election tally on Monday, November 2. The ruling arrived 24 hours before voters began casting ballots that will determine control of Congress for the final two years of President Donald Trump's second term.

The Justice Department had asked the court for an emergency injunction to set aside votes from individuals federal officials identified as likely non-citizens. Justice Kagan received the application and referred it to the full bench. The court denied the request in a single sentence, allowing decisions from two lower courts to stand. A federal appeals court had already rejected the government's demand on Friday.

California election officials had challenged the federal process for flagging voters. They stated that the list provided by the government contained numerous errors. Officials warned that separating ballots while voting was already underway was not feasible. They also noted that eligible voters risked losing their votes if the federal list was incorrect.

The dispute involves a small fraction of the electorate in the nation's most populous state. Approximately 23 million people are registered to vote in California. More than six million postal ballots had arrived by Sunday night, according to the secretary of state's office. In October, the Justice Department sent letters to state and county officials demanding the 20,000 ballots be set aside. DHS officials later delivered notices to county employees, threatening criminal charges if they did not comply.

A 22-page brief from the Justice Department argued that votes cast by non-citizens could undermine the value of valid votes. This legal action continues a multiyear campaign by Trump and his administration against alleged voter fraud. Research indicates such fraud is extremely rare. Trump has frequently accused Democrats of allowing immigrants to vote illegally and has blamed postal voting, a method permitted in many states led by his party's opponents.

District Judge David Carter criticized the government's actions in a ruling last week. He described the move as an "ongoing pattern of attempted election interference." Carter said the federal government's attempt to pressure state authorities into abandoning constitutional procedures immediately before an election was unprecedented in American history.