Who Controls the Count? Three Election Battles, One Federal Government.

By Grant Keller | Prodigal Breaking News | prodigalbreakingnews.com

California: 20,000 ballots, now at the Supreme Court

On Monday, Nov. 2, the Justice Department filed an emergency application asking the U.S. Supreme Court to order California to set aside the ballots of about 20,000 voters the administration says "are likely not U.S. citizens," until their citizenship is determined.

It is the administration's fourth try:

• A federal judge ruled Oct. 29 that the suit likely violated several civil rights laws and improperly inserted the federal government into state election procedures.
• A Ninth Circuit panel rejected the request twice, the second time 2–1 on Oct. 30. "We decline the United States's invitation to contravene the Elections Clause," the majority wrote. It said the demand likely violates the National Voter Registration Act's ban on systematic voter purges within 90 days of an election.
• Judge Patrick Bumatay dissented, arguing the remedy was modest and that counting suspect ballots could dilute eligible voters' votes.

The DOJ says the 20,000 are likely noncitizens. California says there is no evidence they returned ballots or are not citizens, and that the federal data is unreliable. California voters attest to citizenship under penalty of perjury.

The Supreme Court has not acted on the application.

Alaska: the "Decoy Dan" case, dismissed

On Sunday, Nov. 1, U.S. District Judge Sharon Gleason dismissed the DOJ's lawsuit seeking to block certification of Alaska's Senate race if Republican Sen. Dan Sullivan loses. She ruled the department lacked standing. The DOJ filed a notice of appeal the same day.

The DOJ argues a second candidate on the ballot with the same name and party, teacher Daniel J. Sullivan, whom it calls "Decoy Dan," entered the race to confuse voters and help Democrat Mary Peltola. It cites New York Times reporting on alleged recruitment efforts by people tied to Peltola's campaign. Peltola's campaign says it had "no involvement with either Sullivan campaign." The DOJ has opened a criminal investigation and subpoenaed Democratic officials. No one has been charged.

Federal monitors: the NAACP goes to court

The NAACP has filed for an emergency temporary restraining order in NAACP v. Blanche to keep federal law-enforcement agents from serving as election monitors at polling places. The DOJ plans to send about 1,000 monitors to all 50 states, with locations undisclosed. The DOJ says it will not send FBI or ICE agents. The NAACP says records it obtained show personnel from the Bureau of Prisons, the DEA and the ATF.

U.S. District Judge Reggie Walton held a hearing Monday afternoon in Washington. The NAACP also asked, as a fallback, that monitors be barred from carrying firearms, badges or cameras. A DOJ official said the personnel are "employees" who cannot carry firearms. The DOJ argues the NAACP waited too long. No ruling had been reported at publication.

The pattern

Three courts, three different postures: one pending, one dismissed and appealed, one awaiting a ruling. But they share a direction. Each tests whether Washington can reach into how states register voters, count ballots and police polling places, right before the votes are cast. The Constitution's Elections Clause puts that power with the states for a reason.

If you see a problem at the polls, call the Election Protection hotline: 866-OUR-VOTE.

Image: AI-generated editorial illustration. It does not show the actual people, places or events in this story.

Notice the pattern. Interrupt it.

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Sources: Roll Call (Nov. 2); Washington Post (Nov. 2); CNBC (Nov. 2); Democracy Docket (Oct. 30, Nov. 2); AP via KSAT (Oct. 30); CBS News (Nov. 1, Alaska); NBC News (Alaska); TheGrio (Nov. 2, NAACP); Yahoo/Law360 (DOJ response); Michigan Advance (1,000 monitors).