A Ninth Circuit Court of Appeals panel expressed skepticism of the Justice Department's lawsuit challenging California's voter registration practices, pressing the administration to prove concrete harm from the state's procedures.
Deputy Assistant Attorney General Michael Qian argued that California's practices violate the National Voter Registration Act of 1993, citing data showing 1.5 million more registered voters than eligible citizens in 2016. Judge Richard Paez questioned whether the DOJ could demonstrate actual voter fraud resulting from California's alleged failure to remove inactive voters from its rolls.
California Assistant Attorney General Anthony E. Samson defended the state's system, which matches voter data with change-of-address records and death certificates and allows voters to update registration on Election Day. The court pressed the DOJ on whether it had provided sufficient evidence of non-compliance beyond statistical discrepancies.
The lawsuit, filed in 2020, represents part of the Trump administration's broader effort to challenge election procedures nationwide, often focusing on voter roll maintenance and ballot access. A ruling against the DOJ would uphold California's current voter roll maintenance, potentially influencing similar legal disputes in other states.
The Ninth Circuit's questioning centered on the DOJ's legal standing—specifically whether the department could prove a concrete injury. Federal courts typically require clear evidence of harm for such challenges to proceed. A decision is expected within the next several months.
