WASHINGTON — The Supreme Court on Monday turned down a Trump administration emergency request to make California set aside and not count mail-in ballots from about 20,000 people the government says are likely noncitizens. The unsigned order, released shortly before 6 p.m. Eastern, had no noted dissents. The ruling came one day before Election Day.
U.S. Solicitor General D. John Sauer filed a 19-page application that morning. He asked the justices to order California to keep the ballots separate until the voters’ citizenship could be verified, saying that “once California commingles the challenged ballots with lawful ones, there is no way to get the challenged ballots back.” He also asked for an immediate temporary order while the court considered the request. The filing went first to Justice Elena Kagan, who handles emergency appeals from the 9th Circuit, and she referred it to the full court.
The government argued that federal law bars anyone who is not a U.S. citizen from voting in federal elections, so any ballot cast by a noncitizen is unlawful and cannot be counted. It said the harm would grow through Nov. 10, California’s deadline for receiving mail ballots.
The request had already lost in the lower courts. On Oct. 26 the 9th Circuit dismissed the government’s first appeal, finding it had not given the district court enough time. On Oct. 28 U.S. District Judge David Carter denied a temporary restraining order, and, according to SCOTUSblog, questioned the credibility of the administration’s claims that the voters it identified were not citizens. On Oct. 30 the 9th Circuit denied an emergency motion for an injunction pending appeal.
California officials welcomed the decision. Attorney General Rob Bonta called it the fourth legal victory in a week and said it “should put an end” to the administration’s attempt to disrupt California’s elections through emergency court orders. Gov. Gavin Newsom said the court did its job, and Secretary of State Shirley Weber urged Californians to vote.
The court did not explain its reasoning in the order, which is common for emergency rulings. The decision means California can process ballots in the usual way for Tuesday’s midterm election.