On the eve of Election Day, the U.S. Supreme Court declined to hear a last-minute legal challenge from the Trump administration that would have forced California to not count over 20,000 ballots that the administration had flagged as being cast by possible noncitizens.
The rejection came the same day prosecutors filed new federal charges against noncitizens accused of voting improprieties.
Here’s where things stand on the unprecedented legal war the federal government is waging on California’s elections.
U.S. Supreme Court rejects Trump
On Monday — a day before the election — the Trump Administration appealed to the U.S. Supreme Court, which almost immediately rejected the federal government’s request to force California to set aside the 20,000 ballots.
None of the judges dissented, and no explanation was provided.
The ruling came after U.S. District Court Judge David O. Carter issued a blistering ruling last week declaring that the Trump administration’s efforts were likely unconstitutional.
“Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch,” wrote Carter, an appointee of President Bill Clinton.
The Trump administration immediately appealed to the 9th Circuit Court of Appeals. A three-judge panel on the appellate court for the second time in a week rejected the administration’s claims.
Background on the case
For years, President Donald Trump has claimed, without evidence, that potentially “millions” of noncitizen voters are rigging elections for Democrats. His federal prosecutors in California have been aggressively trying to prove him right, even as independent experts and election officials say noncitizen voting is exceedingly rare.
In mid-October, the Trump administration sent a letter to California’s secretary of state and Los Angeles County election officials demanding they set aside the 20,000 ballots. The letter demanded the ballots not be counted until the voters’ citizenship can be verified.
California refused.
The Trump administration sued and urged a federal court to issue an order forcing California to comply. Meanwhile, it also sent similar demand letters and grand jury subpoenas to county elections offices warning that election workers could be charged if they allow noncitizens to vote.
New arrests on eve of Election Day
Also on Monday, the federal government announced charges against another 12 noncitizens for registering to vote or voting in California elections after previously charging 28 green California card holders for similar crimes.
“Voting is the essence of American citizenship,” Bill Essayli, Trump’s top prosecutor in Los Angeles, said at a press conference Monday. “Illegally attempting to infiltrate and influence our political determinations is not only wrong, it’s a crime.”
California officials have been quick to point out that the arrests represent a fraction of a percent of California’s 23 million registered voters — hardly proof of a sweeping election-rigging conspiracy as Trump has so often claimed.
“They said, ‘Aha! Look at this widespread voter fraud,’ and then they made 28 arrests,” Democratic California Attorney General Rob Bonta said last week. “I mean, talk about a fizzle.”
Moria Dahan, one of the people charged on Monday, made her first appearance in federal court shortly after the charges were announced. Dahan was shackled at the ankles and led into the courtroom by U.S. marshals. Dahan, an Israeli national who lives in West Hills, spoke through a Hebrew interpreter as she acknowledged the charges against her. She was released minutes later.
Her attorney, Tiffany Feder, said her client didn’t “intend to defraud, intend to conceal, or falsify any kind of documents. She didn’t know what she was filling out.”
Judge blocks election worker threats
Another federal court judge issued an order Friday blocking the Trump administration’s unprecedented targeting of election workers, after their union filed a legal challenge asking the court to halt the administration’s threats.
U.S. District Court Judge Trina L. Thompson, a Joe Biden appointee, said the law “favors the protection of election staff, who are working diligently to ensure that all citizens can cast their votes.” She ordered the administration not to threaten or pressure election officials to withhold or segregate ballots and barred the federal government from criminally charging workers based on claims of ineligible voters.
The ruling is in response to federal prosecutors sending letters to all 58 county election officials demanding they set aside ballots from the list of 20,000 suspected noncitizens or face potential criminal charges. Prosecutors also have served some county election officials with federal grand jury subpoenas.
Experts, counties question Trump’s numbers
Several county officials say they have done spot checks on the federal list, and they say the data is riddled with inaccuracies.
The UCLA Voting Rights Project also submitted a brief to a federal court saying its data scientists found that 42% of the 20,000 names were “not anywhere to be found on the current California voter file.” The analysis also found that thousands of U.S. citizens appear to be flagged as ineligible to vote on the government’s list.
This story originally appeared in CalMatters.