Judge doubts federal California ballot suit

Judge Mark Bennett, a Trump appointee on the United States Court of Appeals, signaled skepticism toward the federal government's legal challenge against California's mail-in ballot process on Sunday. The three-judge panel heard oral arguments over the weekend, an unusual procedural step that suggests the court is moving quickly to reach a verdict.

The Department of Justice filed the complaint on October 15. It asks a federal court to set aside thousands of mail-in ballots that officials claim were sent to likely noncitizens. The administration provided California with a list of 20,000 names it deems ineligible to vote based on citizenship status. This action is part of a wider executive push to scrutinize voter rolls before the November 3 midterm elections.

Bennett cited the Elections Clause of the US Constitution during the hearing. That clause grants states, rather than the federal government, the authority to administer elections. He told Justice Department attorney Matthew Donnelly that issuing an injunction would contradict the law adopted by the California legislature. Bennett asked, "It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause. How can we do that?"

California Governor Gavin Newsom reacted to the lawsuit in a statement earlier this month. He called the move a desperate attempt by the president to use the Department of Justice to suppress voters. Newsom stated the state would continue to hold free and fair elections while challenging the federal intervention. The state argues it maintains strong safeguards against noncitizen voting and that the federal data is flawed.

Voting rights advocates have noted that the administration has not publicly released the methodology used to compile the list of 20,000 names. Whistleblower reports have also questioned the accuracy of similar lists in the past. The midterms will determine which party controls the US Congress, along with key state and local offices. Polls currently indicate steep odds for Republican candidates, citing the president's declining approval ratings and public concern over the cost of living and the US-Israel war on Iran.

President Trump has long promoted the claim that noncitizen voting benefits the Democratic Party. He previously criticized California's primary elections and announced a US Attorneys Office investigation after some right-wing candidates performed below his expectations. The appeals court has not yet set a specific date for its final decision, but Bennett indicated the panel aims to rule as soon as possible.