In a rare Sunday hearing, a federal appeals court panel questioned the Justice Department's request to set aside mail ballots it says came from likely noncitizens. More than 3 million Californians have already voted, and a trial judge takes up the case Tuesday.
The Justice Department says it will send about 1,000 monitors to polling places in all 50 states on Election Day. Some state officials fear intimidation, and prosecutors will serve as monitors for the first time under a long-held rule.
Federal prosecutors charged 28 green card holders in California on Oct. 19, and most had applied to become citizens. The charges come less than two weeks before the Nov. 3 midterms, and critics question the timing.
The Justice Department went to the 9th Circuit on Oct. 22, before a district judge ruled, asking it to stop California from counting mail ballots from more than 20,000 voters it says may not be citizens. California says the government has not shown who those voters are or that any of them voted.
The Justice Department on Wednesday dropped its appeal of a ruling that blocked Education Department limits on who can get Public Service Loan Forgiveness. The move leaves in place a court order that protects teachers, nurses and other public workers.