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LOS ANGELES () — A federal judge in California has rejected the Justice Department’s push for an emergency order to have California segregate roughly 20,000 ballots belonging to individuals the Trump Administration has claimed are “likely” non-citizens.
The judge warns it would “wreak havoc” on midterm elections.
“Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch,” Judge David Carter wrote in his Wednesday order. “In bringing this lawsuit, the Executive would have this Court believe that it reigns as a sole sovereign. But California and its people are sovereign, too.”
In a 26-page opinion, Carter repeatedly points to previous instances in American history of government officials seeking to deprive citizens of their right to vote — which he suggests lay the foundation for the Trump Administration’s last-ditch effort to interfere in California’s election.
“Every generation in our history has witnessed repeated clashes between those who seek to limit access to the ballot and those who fight to ensure it. In this case, the federal government seeks to segregate and exclude over 20,000 ballots.”
“This request violates longstanding constitutional principles mandating that states have control over their elections. If Plaintiff’s last-minute request for relief were granted, either party could create chaos for their own political purposes to disrupt the election process. Over 20,000 registered Californians would potentially lose the right that generations of Americans have fought to preserve.”
“The Government’s Application for Temporary Restraining Order is DENIED.”
“Constitutional rights and our democracy are at stake. The public interest favors their protection. Individuals who have met the requirements of California’s voter registration laws must not be deprived of a core right merely because of unfounded allegations stemming from a procedure rife with uncertainty and errors. The public interest also favors the protection of election staff, who are working diligently to ensure that all citizens can cast their votes,” the judge’s order continued.
“The Executive’s requested relief, however, would wreak havoc and disrupt the election that is already underway, create a chilling effect on election workers and voters alike, and discount the votes of United States citizens. The Executive Branch cannot replace the remedy Congress carefully enacted with its own unlawful and unconstitutional solution instead. Eroded trust in our democracy is irreparable. Once a vote is segregated, lasting harm has occurred. If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger. This Court declines to be a party to such process.”
State election leaders had argued that making changes while voting is already underway, would throw the November election into chaos.
Recently, the government charged 28 people in California with election-related crimes.
This is a developing story. This article will continue to be updated as more information becomes available.
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