The Trump administration made a last-ditch plea to the Supreme Court on Monday, asking the justices to force California to set aside 20,000 mail-in ballots it claims were sent to noncitizens, just one day before the midterm elections.

“Once California commingles the challenged ballots with lawful ones, there is no way to get the challenged ballots back,” Solicitor General D. John Sauer wrote. “The only way to preserve the district court’s ability to grant relief to the United States after a full merits proceeding, therefore, is to segregate the challenged ballots now.”

He called the request a “modest remedy.”

The emergency application comes after a divided Ninth Circuit panel rejected the Justice Department’s bid to impound the ballots.

The DOJ sent its list of 20,000 names to Los Angeles County election officials in October. County officials said only 7,035 of the names had LA County addresses, and some people on the list were confirmed to be U.S.-born citizens.

The California Post has reached out to Gov. Gavin Newsom’s and Attorney General Rob Bonta’s offices for comment.


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