Supreme Court declines to pause California ballots before Tuesday vote

The U.S. Supreme Court denied a final request from the Department of Justice to intervene in California election administration on Monday evening. The decision arrived just hours before the filing deadline and less than 24 hours before Election Day on Tuesday. By refusing to take up the appeal, the justices allowed state and county officials to continue processing ballots without federal interference.

The Justice Department had argued that 20,000 likely noncitizens remained on the California voter roll. The agency sought an emergency injunction to order the state to set aside and stop processing these ballots until citizenship could be verified. A federal judge in San Francisco had previously described the department's actions as a broad, ongoing pattern of attempted election interference by federal officials.

A divided Ninth Circuit panel had already rejected the DOJ's request for a lower court order. Judges Mark Bennett and Gabriel Sanchez wrote that granting the government's relief carried a material risk of disenfranchisement. They cited the Purcell principle, which discourages changes to election rules on the eve of a vote, and noted that the Constitution grants states primary authority to run their own elections.

The judges also pointed to the National Voter Registration Act. This law prevents states from systematically removing ineligible voters within 90 days of a federal election. Judge Patrick Bumatay dissented from the panel's decision. The Supreme Court's refusal to grant injunctive relief leaves the Ninth Circuit's ruling in place.

Data analysis suggests the number of disputed ballots may be lower than the federal government's estimate. UCLA Voting Rights Project data scientists reviewed the DOJ list after a court order in a separate lawsuit. They found that 42% of the names did not appear on California's current voter roll. The analysis also identified naturalized citizens among the individuals flagged by the Justice Department.

The legal standoff comes as the DOJ escalates its dispute with California officials. In recent weeks, the department issued subpoenas to local election administrators. It also reminded officials that they face potential criminal prosecution for allowing ineligible voters to cast ballots. A federal judge in San Francisco issued a temporary restraining order late Friday. That order bars the Trump administration from threatening or coercing election officials while the government appeals the decision.