California argues the effort to block ballots from suspected noncitizens risks disenfranchising eligible voters.
The administration of President Donald Trump has petitioned the U.S. Supreme Court to prevent California from counting mail-in ballots cast by more than 20,000 voters it alleges are not United States citizens.
The emergency application, filed Monday—just one day before the midterm elections—marks the latest escalation in a legal clash between the federal administration and California, a Democratic stronghold and the nation’s most populous state.
State officials contend the move could disenfranchise thousands of eligible voters.
The Department of Justice is seeking to have California set aside ballots from voters identified on a list compiled by the Department of Homeland Security until their citizenship status can be verified.
California, however, maintains the list is unreliable and likely includes numerous U.S. citizens.
With voting underway since early October, state election authorities say isolating the specific ballots in question would be virtually impossible at this stage.
Last week, a federal judge denied the administration’s request, citing concerns about the reliability of the data underpinning the list.
“If the executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger,” Judge David Carter wrote in his ruling.
The administration appealed to the Supreme Court after a federal appeals court also rejected the request on Friday.
The dispute unfolds as Republicans strive to retain control of Congress in Tuesday’s elections.
President Trump has repeatedly asserted, without evidence, that widespread voter fraud occurs; however, extensive studies and state audits have consistently shown that ineligible voting, including by noncitizens, is exceedingly rare.
