DOJ's Ballot Fights: Washington Noncitizen Allegation, California Appeals Split, Alaska Senate Count Suit

Washington: an allegation, not a finding

Status: Alleged (DOJ). The Justice Department asked Washington state to set aside ballots from 400+ voters. DOJ alleges these people may be noncitizens. That is an accusation, not a finding.

California: appeals court declines to rule

An appeals court split 2-1 and declined to rule on DOJ's bid to stop California from counting about 20,000 ballots.

The 9th Circuit panel's 2-1 unsigned order called DOJ's emergency request premature because District Judge David Carter hasn't ruled yet, and said the "claimed emergency, at least in part, is a self-constructed one." Judges Bennett and Sanchez were in the majority, and Judge Bumatay dissented. The panel did not decide the merits. Judge Carter's hearing is set for October 27.

Full story: Appeals court refuses DOJ bid to freeze 20,000 California mail ballots (Courts desk).

Note: An earlier AFNS briefing described this as the 9th Circuit having "tossed" DOJ's bid. The newer, more precise account is that the court split 2-1 and declined to rule.

Alaska: Senate count lawsuit

DOJ sued over the Alaska Senate count.