Trump asks Supreme Court to intervene in California ballot case

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1. Widerlegt A federal appeals court on Friday declined to order California officials to segregate ballots cast by more than 20,000 people on a government list of suspected noncitizens.

   KI The 9th Circuit opinion is dated October 26 (a Monday, after oral argument on Sunday, October 25), not Friday, so the claimed day conflicts with the date of the ruling. The PBS result does support the core event, a federal appeals court rejecting the DOJ request to set aside ballots from about 20,000 people, but the day is part of the claim and the opinion date contradicts it.

   • cdn.ca9.uscourts.gov 26-7070.pdf widerspricht
   • pbs.org Appeals court rejects Justice Department request for California to set aside disputed ballots | PBS News stützt

Bestätigte Fakten

1. Bestätigt The Trump administration asked the Supreme Court on Monday to intervene in its effort to force California election workers to set aside mail ballots from thousands of people it claims are not U.S. citizens.

   KI Multiple results report that the Trump administration asked the Supreme Court on Monday to force California to set aside about 20,000 mail ballots from people it suspects are noncitizens, which matches the core of the claim. The results do not specify the exact job title of the officials who would do the setting aside, but this minor detail does not affect the verdict. Several reports (NYT, AP, WaPo, Fox17) appear to draw on the same filing, and the NBC report confirms the request was filed but adds that the Court rejected it.

   • nytimes.com Trump Administration Asks Supreme Court to Intervene in California Ballot Case - The New York Times stützt
   • fox17.com Trump administration asks Supreme Court to set aside 20,000 disputed ballots in California stützt
   • apnews.com Trump administration appeals to Supreme Court in California mail ballots case | AP News stützt
   • nbcnews.com Supreme Court rejects Trump effort to target alleged noncitizen voters in California stützt
   • washingtonpost.com Trump administration asks Supreme Court to set aside 20,000 California ballots for now - The Washington Post stützt

2. Bestätigt A three-judge panel of the 9th Circuit divided 2-1 on Friday in denying a Justice Department request to require the ballots to be separated and not counted pending citizenship verification.

   KI Multiple results (AP via PBS, Politico, Bloomberg Government, Fox2now) report that a 2-1 panel of the 9th Circuit on Friday rejected the Justice Department's request for California to set aside or segregate disputed mail-in ballots, which matches the claim's core. The results do not explicitly say the ballots would not be counted, and the PBS and Fox2now reports may share an AP-style source, but this detail is minor and the core is supported.

   • pbs.org Appeals court rejects Justice Department request for California to set aside disputed ballots | PBS News stützt
   • politico.com Appeals court rejects DOJ’s bid to quickly force California to set aside ballots - POLITICO stützt
   • news.bgov.com Trump’s DOJ Rejected by Supreme Court on California Ballots (1) stützt
   • fox2now.com Federal appeals court rejects Trump administration's California ballots argument stützt

3. Bestätigt U.S. District Judge David Carter rejected the Trump administration's request for a temporary restraining order blocking election workers from counting ballots from alleged noncitizens on Wednesday.

   KI Multiple results report that Judge David Carter denied the Justice Department's temporary restraining order request, which would have stopped California from counting ballots from people alleged to be noncitizens, and that the ruling came on Wednesday (October 28). The results describe the blocked action as California not counting or processing the ballots rather than as "election workers" specifically, but this wording difference does not change the core claim. The Democracy Docket, Courthouse News, NPR and Washington Post results all report the same ruling, and the Desert Sun result dates it to Oct. 28.

   • democracydocket.com Judge rejects DOJ demand that California set aside 20,000 ballots - Democracy Docket stützt
   • courthousenews.com Judge rejects Trump bid to sequester votes by ’noncitizens’ in California | Courthouse News Service stützt
   • desertsun.com California ballot fight reaches Supreme Court before election stützt
   • houstonpublicmedia.org Judge denies the Justice Department's bid to stop processing California ballots | NPR & Houston Public Media stützt
   • washingtonpost.com Judge rejects Justice Department bid to set aside California ballots - The Washington Post stützt

4. Bestätigt U.S. District Judge David Carter was appointed by President Bill Clinton.

   KI Multiple results state that David O. Carter, judge of the U.S. District Court for the Central District of California, was nominated by and appointed by President Bill Clinton (Wikipedia 'Appointed by: Bill Clinton', FJC 'Nominated by William J. Clinton', CourtListener 'Appointed By: William Jefferson Clinton'). The core claim is directly supported; the results do not add anything contradicting it.

   • en.wikipedia.org David O. Carter - Wikipedia stützt
   • ballotpedia.org David Carter (California) - Ballotpedia stützt
   • fjc.gov Carter, David O. | Federal Judicial Center stützt
   • courtlistener.com David O. Carter (C.D. California, California Superior Court, Orange County) – CourtListener.com stützt

5. Bestätigt The Justice Department sent letters to California's secretary of state and the top elections official in Los Angeles County with a list of 20,000 people it claimed were registered to vote but not U.S. citizens, demanding that ballots returned by them be set aside.

   KI CalMatters reports that on Oct. 13 the DOJ sent a letter to Secretary of State Shirley Weber about a thumb drive given to Los Angeles County election officials with a list of likely noncitizens who were sent ballots. Other results support the 20,000 figure and the demand to segregate ballots, though the results do not explicitly confirm that the letter went to LA County's top elections official rather than its staff.

   • calmatters.org California calls Trump’s election voting claims ‘absurd’ stützt
   • yahoo.com DOJ appeals to Supreme Court to set aside 20,000 California ballots from suspected noncitizens. Here's what to know. stützt
   • sfchronicle.com DOJ asks SCOTUS to force California to segregate thousands of ballots stützt

6. Bestätigt The Justice Department sued California and Dean Logan, the Los Angeles County registrar-recorder and county clerk, seeking a court order requiring the ballots to be segregated.

   KI Result [1] reports that the DOJ filed a lawsuit against the county over Vote by Mail ballot processing, and result [2], the DOJ complaint itself, names Dean Logan as a defendant sued in his official capacity. The snippets do not explicitly mention the requested ballot segregation, though result [4] describes DOJ seeking to keep disputed ballots from being counted, which is consistent with that request.

   • lacounty.gov Statement from Dean Logan Regarding U.S. Department of Justice Lawsuit – COUNTY OF LOS ANGELES stützt
   • justice.gov Filed US Complaint CA Voter Roles stützt
   • npr.org DOJ asks Supreme Court to weigh in on California ballot demands : NPR stützt

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1. Ungeprüft More than 6 million mail ballots had been returned statewide in California as of Sunday, according to the California secretary of state's office.

   KI The only result with a matching figure (KCRA, over 6.6 million returned as of the reporting date) attributes it to Political Data Inc., a data firm used by campaigns, not to the California secretary of state's office. The official Secretary of State ballot statistics PDF appeared in the results, but its snippet shows no returned-ballot count for Sunday, so the attribution to the state office cannot be confirmed. A different source for the same figure is not a contradiction.

   • kcra.com Prop 50 CA election draws in 6.7 million votes ahead of Nov. 4 - KCRA stützt
   • elections.cdn.sos.ca.gov VBM Issued VBM Returned VBM Accepted In-Person Cast ... stützt

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• California has more than 23 million registered voters.
• Solicitor General D. John Sauer wrote in the Supreme Court filing that the government is seeking a "modest remedy" to ensure ballots cast by non-citizens do not "debase or dilute valid votes."
• California officials have expressed concerns about the accuracy of the Justice Department's list of suspected noncitizen voters.
• The Trump administration had not, as of the Supreme Court filing, succeeded in convincing lower courts to require the challenged ballots to be set aside.

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• Once the challenged ballots are commingled with lawful ones, they cannot be retrieved, which makes the case time-sensitive.
• The legal battle over California's ballots is fast-moving and unfolding under intense time pressure before Tuesday's elections.