The U.S . Justice Department has petitioned the 9th Circuit to prevent California from tallying mail-in votes from suspected noncitizens. This legal clash centers on a federal list of more than 20,000 individuals whose citizenship status is in question.
The SAVE Program's List of 20,000 Potential Noncitizens
At the heart of this legal battle is a dataset compiled by the Systematic Alien Verification for Entitlement (SAVE) program. According to the report, this federal list identifies over 20,000 people who are alleged to be noncitizens but may be registered to vote in California. The Justice Department is seeking to ensure these specific ballots are not sent or counted until their citizenship is formally verified.
The conflict intensified when California's Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan did not review the SAVE program's list within the timeframe requested by federal authorities. this lack of coordination has led the Justice Department to seek emergency judicial intervention to prevent what it views as a compromise of election integrity.
Judge David O. Carter's Silence and the 9th Circuit Appeal
The Justice Department's move to the 9th Circuit follows a frustrating experience in the lower courts. As the report says, the DOJ argues that US District Judge David O. Carter effectively denied their request for an injunction by failing to respond to the motion. This perceived denial has forced Attorney General Merrick Garland to escalate the matter, with Garland describing the situation as an "emergency" that requires immediate court attention.
By appealing to the 9th Circuit, the Justice Department is attempting to secure a mandate that would force California officials to halt the processing of ballots linked to the SAVE list.. The legal strategy relies on the urgency of the calendar, arguing that once ballots are cast and counted, the potential for error cannot be undone.
Secretary Shirley Weber's Challenge to Federal Data Quality
California officials are not conceding the validity of the federal data. Secretary of State Shirley Weber has openly questioned the research quality of the SAVE program's list, suggesting that the federal data may be inaccurate or outdated. Simultaneously, Attorney General Rob Bonta's office has filed a motion to dismiss the lawsuit entirely, signaling a firm state-level resistance to federal interference in voter administration.
This friction reflects a broader national tension regarding the management of voter rolls. While federal agencies prioritize the removal of noncitizens to prevent illegal voting, state officials often argue that aggressive purges based on flawed data can lead to the disenfranchisement of eligible citizens, particularly in states with large immigrant populations like California.
The Ten-Day Window Before the Presidential Vote
The timing of this appeal is critical, as there are only 10 days remaining before the presidential election. This narrow window leaves little room for the meticulous review of 20,000 individual records. If the 9th Circuit grants the injunction, California officials would be forced to implement a rapid screening process that could disrupt the standard flow of mail-in ballot processing.
Such a disruption could lead to significant delays in reporting results or create confusion among voters who find their ballots challenged. The clash betweeen the Justice Department's urgency and the state's administrative timeline creates a volatile environment just as the country enters the final stretch of the campaign.
Who Verified the SAVE Program's Data?
Despite the DOJ's urgency, several critical details remain unverified. It is currently unclear what specific criteria the SAVE program used to flag these 20,000 individuals and whether any preliminary verification was conducted before the list was sent to California. Furthermore, the source does not indicate if the Justice Department provided evidence of actual illegal votes being cast, or if the appeal is based entirely on the potential for such votes.
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