The federal government has the legal power to force California to set aside ballots from registrants it suspects are noncitizens.
Disputes
“the United States asks the federal court to dictate to a state legislature a matter squarely within the state’s traditional domain, upending the state’s policies in this regard and inviting disorder and confusion for voters and election officials alike”
CNN Appeals court rejects Trump's bid to set aside 20,000 California mail ballots ›
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he would have ruled against the Justice Department on the merits of the case.
“The U.S. Constitution gives states and Congress, not the President or the Executive Branch, the power to determine the time, place, and manner of elections”
Bumatay argued that the federal government must be allowed to stop noncitizens from voting.