Appeals Panel Rejects DOJ on Setting Aside California Ballots

Trump administration argues 20K ballots may have gone to noncitizens
By Newser Editors and Wire Services
Posted Oct 30, 2026 2:38 PM CDT
Appeals Panel Rejects DOJ on Setting Aside California Ballots
Ballots are sorted the day after California's primary election at the Los Angeles County Ballot Processing Center, June 3, 2026, in City of Industry.   (AP Photo/Jae C. Hong, File)

The 9th Circuit Court of Appeals on Friday rejected the Justice Department's request for California to set aside disputed ballots received in the midterm election. The panel's 2-1 ruling is the latest setback for the Trump administration's efforts to assert control over state-run elections, the AP reports. The administration has alleged that California sent ballots to some 20,000 people who may not be US citizens. It wants the state to not count those ballots until the voters' citizenship can be verified. California disputes the accuracy of the list.

A federal judge had already forcefully denied that request and warned that the Justice Department's demands could disenfranchise citizens. "As the district court found—and we discern no clear error—there is no feasible way to identify and segregate the ballots of specific individuals without potentially catastrophic effects on the entire system," the appeals court wrote. The majority opinion was written by Judge Mark Bennett, who was appointed by President Trump, and Judge Gabriel Sanchez, who was appointed by Joe Biden. The Justice Department did not immediately comment on the ruling.

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