Appeals Court Rejects Trump Administration's Bid to Block California Mail Ballots
A three-judge panel of the 9th U.S. Circuit Court of Appeals dismissed the Justice Department’s effort to stop California from counting about 20,000 mail ballots, ruling it lacked jurisdiction just days before the November 3 midterms.
Eight days before the November 3 midterm elections, the 9th U.S. Circuit Court of Appeals rejected a last-minute lawsuit by the Justice Department aimed at preventing California from counting roughly 20,000 mail ballots alleged to belong to noncitizens. In a 2-1 vote, the panel said it lacked jurisdiction because the district court had not yet ruled on the request for a temporary restraining order, and it dismissed the appeal filed by Los Angeles County.
The majority opinion, authored by Circuit Judges Mark Bennett and Gabriel Sanchez, criticized the federal government for filing the suit only weeks before the election and for not giving the district court adequate time to consider relief. Trump-appointed Judge Patrick Bumatay dissented, arguing the administration’s position should prevail and warning that delays could allow noncitizen votes to be counted. Governor Gavin Newsom praised the ruling as a safeguard for state election authority and warned that the administration’s actions threaten democratic processes. A hearing on the case is scheduled for Tuesday in a California federal district court.
Why it matters
The ruling prevents a federal challenge that could have disrupted ballot counting in a key swing state just before national elections.
How this story developed
- Oct 14 DOJ orders California to vet suspected non-citizen voters within 48 hours
- Oct 21 Democratic state attorneys general, secretaries of state and civic groups have intensified joint planning to counter possible federal meddling in the upcoming midterm elections.
- Oct 22 California Attorney General Rob Bonta filed a petition to block the DOJ’s request to set aside the flagged ballots.
- Oct 24 A federal appeals panel set a Saturday deadline for California to respond to the DOJ’s emergency filing.
- Oct 26 The 9th Circuit judges voiced skepticism about the DOJ’s request, leaving the outcome of the emergency appeal uncertain.
- Oct 26 The Justice Department expanded its election monitor program to cover every state.
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