Venn

Should California set aside about 20,000 mail ballots the DOJ flagged as likely noncitizens?

The Justice Department sued California and Los Angeles County seeking to set aside mail ballots tied to about 20,000 registered voters it says are likely noncitizens. On Oct. 28, U.S. District Judge David O. Carter denied the emergency request, and the DOJ appealed to the Ninth Circuit, asking for a ruling by Friday.

Side A

Hold the ballots until citizenship is checked

Supporters of the Justice Department's request say the flagged ballots should be held until citizenship is checked. One commentator shared a report that a DHS sworn statement found none of Los Angeles County's flagged 'U.S.-born' voters were born in America. Others criticize Judge Carter's ruling and say California and county officials refused to sequester the ballots, noting that the DOJ has appealed and issued grand jury subpoenas to election officials. Some say that if the list is disputed, it should be opened and tested rather than dismissed.

Evidence posts

Overlap

Where they overlap

  1. Both camps note the dispute is now before the Ninth Circuit, with the DOJ seeking a ruling before Election Day.

Took a neutral position1

Side B

Count the ballots; the list is disputed

Opponents of the request say the federal list rests on dubious claims and argue that setting ballots aside days before the election would disenfranchise eligible Californians. Democracy Docket described the ruling as a finding that the DOJ cannot rewrite election law to force the state to set ballots aside. Senator Adam Schiff said the administration tried to stop Latino citizens' ballots from being counted and lost in court, and Senator Alex Padilla said the DOJ keeps attacking election officials. Governor Gavin Newsom said he is deploying election lawyers to protect every vote.

Evidence posts

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