Election Law Experts Available: DOJ’s Last-minute Bid to Block California Ballots
Today, President Donald Trump’s Department of Justice asked the Supreme Court to temporarily block California from counting 20,000 mail-in ballots of individuals the DOJ suggests may be non-citizens. Following this, Cato scholars released the following statements.
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Walter Olson, a senior fellow at the Cato Institute’s Robert A. Levy Center for Constitutional Studies, said:
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The Supreme Court should and I believe will reject the administration’s nervy last-minute attempts to meddle in California’s elections, as lower courts have rejected them. The DOJ’s suit lacks an adequate legal basis in federal law. It seeks to force California registrars to violate their own state’s law by ignoring due process steps that call for adequate individualized evidence and provide voters a chance to respond. Its proffered databases are a national laughingstock. Mar-a-Lago, which has been calling the shots on this, needs to get this through its head: unless and until Congress provides clear legal guidance to the contrary, the Constitution reserves these decisions to the states.
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Every registered voter in California has attested U.S. citizenship under penalty of law — that is the requirement for registration under both California state law and federal law. The federal government has suspicions — not proof — that certain voters are not citizens. California law provides a process for challenging those voters. The federal government cannot invent its own at this late hour. Moreover, if the federal government has proof that noncitizens have voted it can bring criminal charges under federal law. Both the district court and the three-judge panel of the Ninth Circuit have rejected the federal government’s last-minute attempted rule change. The Supreme Court will likely do the same.
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To speak with Olson or Richer, contact Cato PR at pr@cato.org.
Source: https://www.cato.org/news-releases/election-law-experts-available-dojs-last-minute-bid-block-california-ballots
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