9th Circuit Lets DOJ Resume Ballot Directives in 2 States by 6-5 Vote
Updated
Updated · Yahoo! Voices · Nov 3
9th Circuit Lets DOJ Resume Ballot Directives in 2 States by 6-5 Vote
3 articles · Updated · Yahoo! Voices · Nov 3
Summary
An 11-judge 9th Circuit panel reinstated a stay with only hours left on Election Day, allowing the Justice Department to keep sending ballot-sequestration directives and prosecution warnings to California and Washington election officials.
The majority said the DOJ's requests were core executive functions that did not actually interfere with state control of elections, siding with an earlier 2-1 appellate panel that found a district judge was likely wrong.
The dispute began after October letters told officials to sequester ballots from voters federal authorities believed were noncitizens and warned that noncompliance could break the law and trigger prosecution.
Labor unions and civil rights groups, including SEIU and LULAC, say the directives amount to unlawful intimidation under the Voting Rights Act; the DOJ says the San Francisco order had improperly restricted criminal investigations.
The ruling leaves the DOJ's efforts in place pending further court action, though the immediate effect on Election Day operations or results remained unclear.