WASHINGTON — Attorney General Todd Blanche on Thursday declined to rule out the possibility that the Department of Justice could take action regarding state vote certifications following the upcoming midterm elections, pointing to what he termed a potential “doomsday” scenario.
Speaking to reporters before boarding an aircraft in Norfolk, Virginia, Blanche insisted the federal government does not aim to interfere with local election procedures. However, when asked whether he would rule out steps seeking to pause ballot counting, Blanche said he could not declare zero circumstances under which federal authorities might step in.
“It is not DOJ’s intention to, and it’s never our intention to, improperly interfere with elections or the state confirmation process or certification process,” Blanche said, according to NBC News. He added, “What we’re trying to do is guarantee to the American people that the only people that are voting are people that are eligible to vote.”
Expanding legal battles over voter rolls
Under federal law, the Justice Department carries statutory power to enforce civil rights protections and pursue criminal violations of election laws, while private litigants and candidates handle legal challenges to ballot tallies. Administration and certification of vote counts remain constitutionally reserved for local and state authorities.
Blanche appeared in Norfolk alongside FBI Director Kash Patel to announce an unrelated racketeering indictment against a Virginia state senator. During the appearance, Blanche maintained that ongoing federal election litigation is intended to flag concerns rather than disrupt the vote. NBC News reported that federal prosecutors are considering additional election lawsuits against states following an emergency action in California.
Congressional Democrats swiftly condemned the attorney general’s remarks. Senate Minority Leader Chuck Schumer, D-N.Y., posted on social media that his party had spent months preparing for potential challenges from the Trump administration, writing that “elections must always belong to the voters.”
California ballot dispute reaches federal appeals court
The remarks follow an emergency federal lawsuit filed last week against California, Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan. In that action, federal prosecutors demanded that election workers sequester returned ballots from approximately 20,000 individuals flagged by federal agencies as suspected noncitizens until citizenship checks can occur.
Bill Essayli, the first assistant U.S. attorney for the Central District of California, told Fox News Digital that federal investigators confirmed the individuals on the list lack U.S. citizenship and received mail ballots earlier this month. The litigation followed a July notification from Homeland Security Secretary Markwayne Mullin that initially raised questions about almost 200,000 California registrations.
The department took an unusual step Thursday by filing an appeal with the 9th U.S. Circuit Court of Appeals before U.S. District Judge David O. Carter issued a ruling, Democracy Docket reported. Federal attorneys had demanded a preliminary order by noon Thursday, arguing that the judge’s failure to meet that deadline served as a “constructive denial” while ballots are actively processed.
State officials dispute federal data
California officials have asked the federal court to dismiss the lawsuit entirely, stating that county election offices do not possess the legal authorization or direct federal databases needed to examine citizenship status. Furthermore, local officials explained that once ballot signatures receive validation, ballots are detached from their outer envelopes and cannot be traced back to individual voters.
Election officials in Los Angeles County also submitted court filings that cast doubt on the accuracy of the federal list. County election official Aman Bhullar stated in a declaration that in a 200-person review of county entries on the federal roster, 38.9 percent of records that meaningfully reported birthplace indicated the individual was born inside the United States, The Guardian reported. Another 43 percent of those analyzed had their registrations canceled before the election, with only 86 having been mailed a ballot.
Federal officials acknowledged minor margins of error while defending the overall review. Acting Deputy Attorney General R. Trent McCotter stated Monday that some people listed might ultimately turn out to be citizens. The 9th Circuit has not yet indicated whether it will hear the early appeal or wait for the district court to issue a formal ruling.
