DOJ urges court to block 20,000 California ballots tied to non-citizen doubts

A three-judge panel of the 9th U.S. Circuit Court of Appeals heard arguments from the Department of Justice, which seeks to prevent California from counting about 20,000 ballots cast by voters the agency believes may be non-citizens. The DOJ contends that the state's practice of allowing voters to attest to citizenship without documentary proof fails to verify eligibility. U.S. Attorney Bill Essayli posted on X that “attestation is not verification” and warned that enforcing citizenship verification is a legal requirement, not a partisan issue.

When asked about the state's ability to confirm citizenship, Senator Alex Padilla said the verification occurs when voters register, relying on a penalty-of-perjury declaration. Stephen Richer, a legal fellow at the Cato Institute, noted that the Justice Department must overcome both procedural and substantive legal questions and expressed doubt that it will succeed. No ruling was issued at the hearing, and a district judge will consider the DOJ’s request on Tuesday. The case highlights ongoing tensions over voter eligibility standards in California.