An appeals court on Monday declined to rule on whether California elections officials can count roughly 20,000 ballots that the Justice Department alleges belong to noncitizen voters.
The decision sets the federal government and state officials up for another legal showdown on the matter on Tuesday in front of a federal district judge, giving the federal government a very short window to compel California to sequester votes before the Nov. 3 elections.
The Republican administration sued election officials in the heavily Democratic state in mid-October, accusing them of failing to meet a 48-hour deadline to review a list of 20,000 people it alleged were likely noncitizens on the state’s voter rolls. The administration asked the judge to stop the state from counting those ballots until immigration status checks could be completed.
After a district judge had scheduled an Oct. 27 hearing on the issue, the federal government appealed to the 9th Circuit Court, arguing that a faster decision was needed to prevent the further counting of votes.
But two of the three 9th Circuit Court judges rejected that argument on Monday, writing that the federal government “failed to allow the district court adequate opportunity to consider” their initial request to sequester the ballots in question.
The Justice Department didn’t immediately respond to an emailed inquiry.
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