Fight over 20,000 mail ballots: U.S. appeals court skeptical of Trump DOJ request

A federal appeals court heard arguments for nearly two hours on Sunday over a Justice Department emergency request to set aside about 20,000 mail ballots in California. President Donald Trump's administration suspects the recipients are not U.S. citizens. Judge Mark Bennett, a Trump appointee, questioned whether the requested injunction fits with the Constitution's Elections Clause and told the department it wanted an injunction "entirely inconsistent with the law," according to Fox News. Judge Gabriel Sanchez, appointed by President Joe Biden, asked why the appeals court should rule before the lower court. Judge Patrick Bumatay focused on concerns about noncitizen voting. No ruling has been issued; a hearing before U.S. District Judge David Carter is set for Tuesday.

On Friday, the department sent letters to county registrars asking them to set aside those ballots within 48 hours, and according to AP it also requested Social Security numbers. It warned of legal consequences for officials who knowingly count a noncitizen's vote. In Napa County, registrar John Tuteur said two uniformed Homeland Security officers delivered a letter listing 42 people. Department spokeswoman Kiersten Pels said it is not seeking a purge of voter rolls. Following a statewide sweep on Monday, 28 people from the list were charged with illegal registration, according to AP.

California rejects the demands. The state attorney general's office says the lists contain errors, and counties lack the authority and access to federal records needed to verify citizenship. A preliminary review of 200 names by Los Angeles County found that nearly 4 in 10 were born in the U.S., according to a court filing. More than 3 million people have already voted statewide, including more than 500,000 in Los Angeles County, according to Fox News. Election Day is Nov. 3.