Mary Murguia

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Ninth Circuit restores Justice Department's power to seek removal of suspected noncitizen ballots

Wrote the principal dissent in the 6-5 stay order

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

Notable Quotes

The federal executive has no right to dictate election procedures to the states.

from Ninth Circuit restores Justice Department's power to seek removal of suspected noncitizen ballots · Updated 2 hours ago

The Constitution's allocation of election procedures to the states is meaningless if Defendants can coerce states into foregoing their chosen procedures by abusing their prosecutorial powers.

from Ninth Circuit restores Justice Department's power to seek removal of suspected noncitizen ballots · Updated 2 hours ago