Federal appeals court blocks DOJ effort to discard thousands of California mail ballots
A three-judge panel rejected the Justice Department’s emergency request to invalidate about 20,000 California mail-in ballots, citing lack of authority before a lower-court ruling.
In a 2-1 decision, a federal appeals court refused the Justice Department’s request for emergency relief to discard about 20,000 mail-in ballots in California, arguing it lacks jurisdiction before a district-court ruling. The judges noted that the department’s late filing generated the claimed urgency. The district court will hear arguments on Tuesday.
Simultaneously, the DOJ has asked Washington state to invalidate ballots from more than 400 registrants it believes are non-citizens, giving the state 24 hours to compare the list with citizenship records. Acting U.S. attorney Neil Floyd warned that the request aims to prevent voter-fraud, while Washington Secretary of State Steve Hobbs called the timing a tactic to sow doubt before the general election. Both states have pushed back, emphasizing due-process protections and questioning the accuracy of the DOJ’s lists.
Why it matters
The ruling determines whether the federal government can intervene in state election processes before courts have reviewed the evidence.
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 Donald Trump announced on Truth Social that he will pay a cash reward to anyone who provides information on alleged election fraud in past contests and the upcoming 2026 midterms.
- 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.
- Oct 27 A $25 million fraud whistleblower fund was announced alongside the cash‑reward offer.
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