Justice Department Files Appeal to Halt California Ballot Count

The United States Department of Justice filed a notice of appeal on Wednesday evening, asking the Ninth Circuit Court of Appeals to intervene in a dispute over 20,000 ballots in California. First Assistant US Attorney Bill Essayli stated that the move follows a ruling by US District Judge David O. Carter, who rejected the federal government's emergency request to sequester the votes.

Essayli explained that the district court denied the effort to isolate ballots linked to 20,000 suspected noncitizens. He noted that election officials continue to process these votes, which he described as an ongoing emergency that dilutes the vote of American citizens. The Solicitor General authorized the immediate appeal, and the department intends to seek an emergency order from the appellate court.

Judge Carter, based in downtown Los Angeles, ruled against the Justice Department's effort to stop the processing of the disputed ballots. In his written order, Carter argued that eroded trust in the democratic process is irreparable. He stated that once a vote is segregated, lasting harm has occurred, and that the court declines to be a party to that process.

This legal development follows a split decision among federal appellate judges earlier this week. On Monday, a three-judge panel of the Ninth Circuit rejected an earlier emergency appeal from the Justice Department in a 2-1 vote. The panel ruled that the administration had moved too quickly before the lower court had sufficient time to consider its request. Judges Mark Bennett and Gabriel Sanchez voted against the administration, while Judge Patrick Bumatay dissented.

Judge Bumatay warned in his dissent that the disputed ballots would become impossible to identify once processed. He wrote that the questionable ballots were rolling in and that the federal government should have been granted relief because it encourages illegal voting. The Justice Department's lawsuit centers on nearly 20,000 names the administration flagged as suspicious, accusing state officials of failing to review them within a 48-hour deadline.

The case is part of a federal crackdown on alleged voter fraud in California. Prosecutors recently charged 28 people with fraudulently registering to vote, most of whom allegedly cast illegal ballots. Among those charged is Alexander Muñoz, a 72-year-old Belizean national accused of falsely claiming US citizenship when registering in September 2019. Prosecutors allege he voted in the 2020 election, twice in 2022, and again in 2024.

The Justice Department argues that once the 20,000 ballots are mixed into the broader vote count, officials may be unable to separate them. The department contends this would leave the government without an effective remedy if its allegations are proven. The next step is an emergency showdown in the Ninth Circuit over whether California can continue processing the disputed ballots as the election approaches.