Appeals Court Keeps California Ballot Challenge Moving Forward
WHO:
Los Angeles Times - The U.S. 9th Circuit Court of Appeals panel consisted of Judges Mark J. Bennett and Patrick J. Bumatay, appointed by President Trump, and Judge Gabriel P. Sanchez, appointed by President Biden.
NBC News - Judge Gabriel Sanchez wrote that the federal government was asking a court to dictate a matter within a state’s traditional domain, risking disorder and confusion for voters and election officials.
Los Angeles Times - California Attorney General Rob Bonta called the ruling “an important step” to protect voting rights and the state’s authority over elections. Governor Gavin Newsom called it “a welcome speed bump to Trump’s disgusting attacks on the Constitution and our country’s democracy.”
The Guardian - California Governor Gavin Newsom accused Trump of an assault on democracy; Attorney General Rob Bonta vowed to “fight back against the administration’s unlawful overreach at every turn.”
Los Angeles Times - U.S. District Judge David O. Carter, a President Clinton appointee, was scheduled to hear the case in Los Angeles.
WHAT:
Los Angeles Times - The 9th Circuit denied the Justice Department’s emergency request to prevent California from counting about 20,000 ballots associated with voters whose citizenship the Trump administration questioned. The court said it lacked jurisdiction because the district court had not yet ruled.
NBC News - The appeals court ruled 2-1 against the administration; the majority found the Justice Department had not given the lower court adequate opportunity to consider the case.
Los Angeles Times - Bennett and Sanchez said they would have denied the request on other grounds even if the appeals court had jurisdiction. Bennett questioned its constitutionality and said the administration offered “no workable plan” to implement it without potentially catastrophic consequences.
Los Angeles Times - Bumatay dissented, arguing the federal government could bar processing ballots “likely cast by aliens” until citizenship was verified.
NBC News - The Justice Department said 28 people on its list of more than 20,000 registered voters had been criminally charged with illegal voting; it did not say how many had cast mail ballots.
NBC News - A Reuters investigation found 129 cases in which noncitizens had been federally charged with illegal voting; many appeared linked to confusion or administrative errors rather than intentional fraud.
WHERE:
Los Angeles Times - The appeal was heard by the San Francisco-based 9th Circuit; the underlying case was in federal court in Los Angeles.
NBC News - California has 52 U.S. House seats, more than any other state.
WHEN:
Los Angeles Times - The district court hearing was scheduled for Tuesday afternoon.
NBC News - The Justice Department filed its lawsuit on Oct. 15 and announced the 20,000-person figure on Oct. 19.
NBC News - The midterm election was scheduled for Nov. 3.
WHY:
Los Angeles Times - The administration argued that ballots could not be linked back to voters after being removed from envelopes or cast in person, creating irreparable harm if counting continued.
NBC News - California officials said state safeguards against noncitizen voting were robust and the federal government’s claims relied on “suspect data.” State lawyers called the case “a reckless political stunt” and said it risked disenfranchising thousands.
HOW:
NBC News - The Justice Department asked a federal judge to separate ballots associated with people on its list and withhold them until their citizenship was verified; it then filed an emergency motion asking the 9th Circuit to expedite the case.
(UPDATED October 27, 2026 13:22 UTC)
A federal appeals court refused the Justice Department’s emergency request to stop California from counting about 20,000 ballots tied to voters whose citizenship the Trump administration questioned, ruling that it lacked jurisdiction because a lower court had not yet considered the case. The 2-to-1 majority said the administration had not given the district court enough time to act, while two judges also raised concerns about the request’s constitutionality and how it could be carried out; the dissent argued ballots should be held until voters’ citizenship was verified. California officials welcomed the ruling, saying state safeguards are strong and the federal government’s claims risk disenfranchising voters, while the Justice Department said 28 people on its list had been criminally charged with illegal voting.