US Justice Department Withdraws Lawsuit Challenging California Ballots
(MENAFN) The US Justice Department on Friday requested the voluntary dismissal of its lawsuit challenging the counting of 20,000 ballots in California.
The department had previously asked a federal court to order California and Los Angeles County election officials to separate the ballots, alleging that they might have been cast by noncitizens.
However, US District Judge David Carter and a three-judge panel of the 9th Circuit Court of Appeals rejected the request. The US Supreme Court also turned down the administration's appeal without recording any dissenting opinions.
In a court filing, Assistant US Attorney Julie Hamill argued that the requested legal remedy was no longer feasible because Tuesday's midterm elections had ended and the disputed ballots would be mixed with valid ballots before a scheduled Nov. 13 hearing.
"There is then no way to get the challenged ballots segregated," Hamill wrote.
"The relief the United States sought and needed is no longer available—rendering voluntary dismissal necessary," the motion stated.
Justice Department spokesperson Kiersten Pels described the case as moot but emphasized that the administration "is not backing down" from its efforts to address alleged noncitizen participation in elections. She pointed to a separate legal action seeking to require California to review and update its voter registration lists.
In an Oct. 28 ruling, Carter determined that the administration's request was likely unconstitutional, emphasizing that states have authority over the administration of their elections. He also described the government's allegations as "not credible."
Los Angeles County Registrar-Recorder-County Clerk Dean Logan welcomed the development, saying he was "pleased that the administration has accepted the clarity of the court findings."
Meanwhile, California Attorney General Rob Bonta said the administration "has given up its latest unlawful effort to interfere with California’s elections and disenfranchise eligible voters."
The department had previously asked a federal court to order California and Los Angeles County election officials to separate the ballots, alleging that they might have been cast by noncitizens.
However, US District Judge David Carter and a three-judge panel of the 9th Circuit Court of Appeals rejected the request. The US Supreme Court also turned down the administration's appeal without recording any dissenting opinions.
In a court filing, Assistant US Attorney Julie Hamill argued that the requested legal remedy was no longer feasible because Tuesday's midterm elections had ended and the disputed ballots would be mixed with valid ballots before a scheduled Nov. 13 hearing.
"There is then no way to get the challenged ballots segregated," Hamill wrote.
"The relief the United States sought and needed is no longer available—rendering voluntary dismissal necessary," the motion stated.
Justice Department spokesperson Kiersten Pels described the case as moot but emphasized that the administration "is not backing down" from its efforts to address alleged noncitizen participation in elections. She pointed to a separate legal action seeking to require California to review and update its voter registration lists.
In an Oct. 28 ruling, Carter determined that the administration's request was likely unconstitutional, emphasizing that states have authority over the administration of their elections. He also described the government's allegations as "not credible."
Los Angeles County Registrar-Recorder-County Clerk Dean Logan welcomed the development, saying he was "pleased that the administration has accepted the clarity of the court findings."
Meanwhile, California Attorney General Rob Bonta said the administration "has given up its latest unlawful effort to interfere with California’s elections and disenfranchise eligible voters."
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