Department of Justice on Friday moved to dismiss its own lawsuit that sought to stop California from counting roughly 20,000 ballots it alleged went to noncitizens until their immigration status could be verified. The U.S.
The request to dismiss the case comes days after Republicans’ significant losses in the midterm elections and about a week before a scheduled hearing where a special master was slated to evaluate the accuracy of the list. The administration is appealing that ruling but has yet to file a full brief at the 9th Circuit Court of Appeals. “We want to stop the illegal voting.
California had processed roughly 9 million ballots as of early Friday, with nearly 5 million still left to be counted, according to state election officials.
California officials have previously said the list is out of date and includes legitimate voters — a sentiment that the federal judge presiding over the case echoed in his blistering order denying the federal government’s request. The case was at the forefront of President Donald Trump’s administration’s effort to assert control over state-run elections across the country, which Trump has said are rife with illegal voting without providing evidence. The Department of Justice remains enmeshed in litigation with immigrant and voting rights groups seeking to limit its use of the list of what is says are suspected noncitizens. The motion to dismiss the lawsuit said that, by the time of the upcoming hearing, the state will have already irreparably “commingled the challenged ballots with lawful ones. “The relief the United States sought and needed is no longer available—rendering voluntary dismissal necessary,” the motion said. Essayli said at the time the lawsuit was filed that his goal was to “safeguard the integrity of the election so it doesn’t have an effect on the upcoming election. We don’t want to chase it later,” he said outside of court the week before the election.
Another controversial suit it filed in Alaska at Trump’s direction before the election to block the victory of the Democrat in that state’s Senate race was swiftly dismissed by a federal judge.
