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Jurist Supreme Court rejects emergency request to set aside 20,000 disputed California ballots

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Dadparvar

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Nov 11, 2016
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The US Supreme Court on Monday rejected without explanation a Trump Administration emergency request to overturn a ruling from the US Court of Appeals for the Ninth Circuit and to order California election officials to set aside ballots from 20,000 voters who the Department of Justice (DOJ) alleges are not citizens. Last week, the Ninth Circuit upheld the US District Court for the Central District of California’s rejection of a request for an emergency Temporary Restraining Order in the dispute.

In that ruling, the Ninth Circuit Court invoked the Purcell principle, which “reflects the wisdom that we must not ‘alter the election rules on the eve of an election.’” The court also said that it lacked jurisdiction because DOJ had not given the lower court adequate time to consider its application.

In today’s filing, US Solicitor General D. John Sauer again asserted the Supremacy Clause, saying that a state’s election procedures cannot govern a federal election, and asked for an order to set aside the anticipated disputed ballots for review, writing, “Once California commingles the challenged ballots with lawful ones, there is no way to get the challenged ballots back.” DOJ also repeated its defense of the list of 20,000 California voters that DOJ wants to challenge.

The controversy centers on what has become known as the “October List,” compiled by US Citizenship and Immigration Services (USCIS) which oversees legal immigration, and Homeland Security Investigations (HSI), which is the investigation division of Immigrations and Customs Enforcement (ICE). The agencies worked with third parties to develop the list, which they claim identifies 20,000 non-US citizens who are registered voters in California.

On Friday, Chief Judge James Boasberg of the District Court for the District of Columbia, gave the Coalition for Humane Immigrant Rights, (CHIRLA), access to the October List. On Saturday, attorneys for CHIRLA reported that more than 40% of the people on the list are not in California’s voter file, and that at least 22 people on the list were likely naturalized US citizens. Judge David Carter, in his ruling for the US District Court, wrote, “(DOJ’s) own description of its methodology in creating the list was vague and raised multiple questions regarding reliability.”

Responding to the controversy on X, California Attorney General Rob Bonta wrote, “There is no widespread voter fraud. The federal government has no right to interfere in California’s elections.”

The post Supreme Court rejects emergency request to set aside 20,000 disputed California ballots appeared first on JURIST - News.

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