The Trump administration asked the Supreme Court on Monday to order California to set aside 20,000 mail-in ballots that it claims were provided to noncitizens.
The emergency application followed a divided federal appeals court decision rejecting the administration’s request that California officials impound the ballots for additional scrutiny. Administration lawyers described the proposed action as a limited remedy that would separate ballots from citizens and suspected noncitizens while eligibility is reviewed.
Solicitor General D. John Sauer argued that the measure would not cancel any votes but would give officials time to verify the eligibility of the voters involved. The Justice Department says it has authority under a federal law prohibiting noncitizens from casting ballots.
The case asks the Supreme Court to consider how much power the federal government has to require states to make last-minute changes to election procedures. The Constitution gives states responsibility for administering elections.
The filing came one day before the midterm elections, a timing that could delay a ruling until after Election Day. Legal experts have expressed skepticism about the administration’s arguments. California officials have said the voter list supplied by the administration contains errors.
The challenge is part of a broader administration effort to argue that noncitizen voting could affect elections. The original report noted there is little evidence of widespread illegal voting, while President Trump has continued to question the validity of the vote.
Sources: The New York Times Politics.