Authored by Zachary Stieber via The Epoch Times (emphasis ours),
A U.S. appeals court on Aug. 15 turned away a challenge to California’s vote-by-mail laws.
Although California’s vote-by-mail system may have counted some invalid ballots, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that this did not dilute the voting power of in-person voters.
The case, brought by the Election Integrity Project California (EIPCa) and others, challenged the district court’s ruling.
The appeals court decision, written by U.S. Circuit Judge Kim McLane Wardlaw, emphasized that a claim of vote dilution requires showing disproportionate voting power for some voters over others, which the plaintiffs failed to demonstrate based on the facts alleged.
The ruling clarified that vote dilution refers to inequality of voting power rather than diminishment of voting power in general.
The plaintiffs argued that California’s mail ballot laws unfairly diluted the votes of in-person voters.
U.S. District Judge Andre Birotte Jr. dismissed the case, stating that any issues with invalid mail-in ballots were not significant enough to warrant action.
The Ninth Circuit agreed, noting that to prove a violation of due process rights, one must show massive disenfranchisement or a complete lack of integrity.
The challengers have the option to appeal to the full appeals court or seek a review by the U.S. Supreme Court.
Loading…