Eric D. Miller

Rule Changes

Filed a separate opinion concurring in the stay

On October 13, the Justice Department sent California and Los Angeles County a list of about 20,000 registered voters it called likely noncitizens and asked officials to review it within 48 hours. Both refused. On Tuesday, an 11-judge panel of the Ninth Circuit ruled 6-5 that the department can keep making those requests, and can keep telling election officials that counting a challenged ballot is a federal crime.

Updated 2 hours ago