A three-judge US Circuit Court of Appeals panel expressed significant skepticism Sunday over the Justice Department’s desire to inject itself into California’s midterm vote-counting process by forcing election officials to set aside the votes of suspected noncitizens who have been issued mail ballots.
During a highly unusual emergency hearing, 9th Circuit US Court of Appeals Judge Mark Bennett told a Justice Department attorney that California appears to have legal authority to handle its elections on its own, and that the fact that Congress passed a criminal law prohibiting noncitizens from voting in federal and state elections doesn’t mean the Justice Department has authority to regulate California’s voting process.
