Full Breakdown
Appeals Court Blocks Immediate Sequestering of Alleged Non-Citizen Ballots in California
By Drooid · · How we work
Court Ruling and Immediate Impact
A three-judge panel of the Ninth Circuit Court of Appeals voted 2-1 to refuse an emergency request that would have required California to set aside roughly 20,000 ballots the Justice Department says were likely cast by non-citizens. The decision leaves the matter for a federal district judge to consider later this week, giving the Trump administration a narrow window to seek further relief before the upcoming election.
Background on the Non-Citizen Voting Claim
The Justice Department filed suit in mid-October, alleging that California election officials had failed to meet a 48-hour deadline to review a list of about 20,000 voters it identified as probable non-citizens. The department argues that counting those ballots would violate federal law prohibiting non-citizens from voting. California officials, however, contend that a random sample of the names on the list appears to include many individuals born in the United States, casting doubt on the accuracy of the federal government’s data.
Judicial Opinions on the Emergency Request
Judge Mark J. Bennett, a Trump-appointed jurist, echoed the view that the administration lacks constitutional authority to compel California to separate the ballots.
Official Reactions
The Justice Department, while not providing a new statement in the article, has previously maintained that allowing the ballots to remain counted poses a risk of “as much to lose” from potential illegal votes.
Implications for the Upcoming Election
With the appellate decision pending further review, California’s election officials are expected to continue processing the contested ballots while the district court considers the administration’s next move. The outcome could set a precedent for how federal challenges to state election practices are handled in the final weeks before a national election.