The en banc panel decision was handed down hours before the polls closed on Election Day.
The full panel of the Ninth Circuit U.S. Court of Appeals determined on Election Day that the Justice Department could request that potentially fraudulent ballots cast by likely noncitizens be sequestered. The ruling was made just hours before polls closed. The decision was not on the merits of the case, which proceeds in the lower court.
The en banc ruling came after Chief Circuit Judge Mary Marguia vacated a similar determination from a three-judge panel of the same court. The majority of the previous panel had stayed a temporary restraining order from a Northern California U.S. District Court judge.
The appellate court ruling allows the Departments of Justice and Homeland Security to require state and local election officials to suspend processing, segregate, or refuse to count ballots from those who are likely noncitizens, until citizenship is verified. The Justice Department may also hold election officials criminally liable for violating federal laws regarding voter citizenship.
As the Lord Leads, Pray with Us…
- For Attorney General Blanche as he heads the Department of Justice and its efforts to protect the integrity of federal elections.
- For Secretary Mullin as he manages the Department of Homeland Security and efforts to uphold federal immigration laws.
- For discernment for federal district and circuit court judges as they hear election-related cases and issue rulings.
Sources: The Post Millennial, Arkansas Public Advocate, MSN, Idaho Learning News
