David Aguilar

California filed a motion in a Southern California court today to dismiss the federal government’s lawsuit challenging its voter rolls and requested that the case be expedited.

The Department of Justice filed the lawsuit seeking to bar California from counting mail-in ballots from individuals it identifies as “likely” non-citizens until their immigration status is confirmed. The DOJ also requested a temporary restraining order.

Attorneys general from 21 states and Washington, D.C., filed an amicus brief in support of California, urging the court not to issue the temporary restraining order.

“Through this lawsuit, the Department of Justice seeks to dramatically expand the power of the federal executive branch to superintend state election laws,” the attorneys general wrote. “This effort is contrary to the express allocation of authority in the Constitution.”

A hearing for the restraining order is scheduled for Tuesday.

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