Appeals Court Rejects Bid to Set Aside 20,000 California Ballots

The appeals court said it was too early for it to intervene while the case is still before a district court. The 2-1 decision leaves the Justice Department’s request for an order stopping California from counting the ballots for the October 27 hearing with U.S. District Judge David O. Carter.

The administration sued California election officials in mid-October, saying the state failed to review within 48 hours a list of about 20,000 people it considers likely noncitizens. It argues that ballots should be held aside until voters’ citizenship is checked. State and federal law both prohibit noncitizens from voting.

Two judges who rejected the emergency appeal raised concerns about the timing and legal basis of the request, as well as the risk of disrupting an election already underway. One said the government’s urgency was partly the result of its own delay in bringing the case. The dissenting judge argued that California should verify the flagged ballots before counting them.

California officials dispute the list’s reliability and say separating ballots could disrupt election work and risk setting aside eligible voters’ votes. Los Angeles County officials said their review of 200 records found inactive or canceled registrations, registrants who had never voted, and voters’ files showing births in the United States. A federal official said a government review of the sample found four likely citizens and one deceased person.

California mails ballots to active registered voters. About 3 million of the state’s roughly 23 million registered voters had already cast ballots, and statewide voting is scheduled to conclude November 3. The district court hearing will address whether the government can obtain the requested order.

Court Rejects Trump Bid That Could Put California Votes at Risk

The Trump administration’s push to freeze thousands of California ballots hit a legal roadblock October 26, as an appeals court declined to intervene before a district judge hears the case. The dispute puts eligible voters’ ballots at potential risk based on a federal list whose accuracy California officials challenge.

The Justice Department says California failed to review within 48 hours a list of about 20,000 people it considers likely noncitizens, and wants their ballots held until citizenship checks are complete. But state and federal law already prohibit noncitizens from voting, and the appeals court majority questioned whether the administration could force California to change how it handles ballots during an ongoing election.

Los Angeles County officials said a review of 200 records found inactive or canceled registrations, registrants who had never voted, and voter files showing births in the United States. A federal official offered a different account, saying the government’s review found four likely citizens and one deceased person in the sample.

The stakes are practical as well as constitutional: California says separating ballots could disrupt election operations and risk disenfranchising eligible voters. About 3 million of the state’s roughly 23 million registered voters had already cast ballots. The appeals decision sends the fight back to a federal judge on October 27, with statewide voting set to conclude November 3.

Appeals Court Leaves California Ballot Dispute for Judge to Decide

The appeals court did not decide whether the ballots at issue can be counted. Instead, its 2-1 ruling left the Trump administration’s effort to ensure suspected noncitizen votes are checked before counting to the district judge, who is scheduled to hear the case October 27.

The Justice Department says California failed to review within 48 hours its list of about 20,000 people it considers likely noncitizens. Federal law, like California law, bars noncitizens from voting. The dissenting appeals judge argued the state should verify the flagged ballots before including them in the count, warning that failure to do so could harm the election.

California disputes the list and says compliance could disrupt ballot processing and put eligible voters’ votes at risk. County officials said a sample of 200 records included inactive or canceled registrations, individuals with no recorded votes, and files indicating that some voters were born in the United States. A federal official said a government review found four likely citizens and one deceased person in the sample.

The appeals court’s refusal to intervene is procedural, not a final ruling on the administration’s claims. The district judge will now consider whether California must hold the ballots aside while citizenship is checked. About 3 million of the state’s roughly 23 million registered voters had already cast ballots, with voting scheduled to conclude November 3.