Judge rejects federal bid to hold ballots
Judge David Carter ruled against the Justice Department's request to separate 20,000 votes days before the midterms.
By Katherine Brooks ·
U.S. District Judge David Carter denied the Justice Department’s emergency request on Wednesday to force California to segregate approximately 20,000 ballots. The administration sought the order to set aside votes belonging to individuals it claims are likely non-citizens. The ruling came just days before the November midterm election.
Carter argued that the federal move would disrupt the ongoing election process. He described the request as a violation of constitutional principles that give states control over their own elections. The judge noted that allowing such a late intervention could enable either political party to create chaos for its own benefit.
In a 26-page opinion, Carter wrote that the federal government sought to coerce state and local officials to abandon established procedures. He stated that the executive branch cannot replace the remedy Congress enacted with its own solution. The order emphasized that over 20,000 registered Californians could lose their right to vote if the request had been granted.
The judge warned that the relief sought would wreak havoc on an election already in progress. Carter said the move would create a chilling effect on election workers and voters. He added that once a vote is segregated, the resulting harm to public trust is irreparable.
State election leaders argued that changing procedures while voting is underway would throw the November election into disorder. They contended that the federal government was attempting to interfere with a process that state officials are already managing.
Carter rejected the idea that the executive branch holds sole sovereignty over the election process. He wrote that California and its people are also sovereign. The judge concluded that the public interest favors protecting the rights of individuals who met the state's voter registration requirements.
The decision comes after the government recently charged 28 people in California with election-related crimes. Carter’s order explicitly denied the government’s application for a temporary restraining order.
Source: ABC7 Los Angeles
