A federal appeals court convened on Sunday to examine the Trump administration’s urgent request to have California set aside thousands of mail-in ballots linked to individuals suspected to be noncitizens. This review comes ahead of the midterm elections.
The three-judge panel from the U.S. Court of Appeals for the Ninth Circuit scrutinized the Justice Department’s legal arguments and whether the court has jurisdiction to intervene. The deliberation lasted nearly two hours, as reported by Fox News’ Matt Finn.
The federal government sought a swift ruling, highlighting the potential for hundreds of thousands of California ballots to be counted daily while the issue remains unresolved. This situation arose after the Trump administration filed an emergency plea concerning about 20,000 mail-in ballots it suspects belong to noncitizens.
Court ruling mandates California’s response to DOJ’s emergency request over alleged noncitizens’ ballots.
In an image, an official mail ballot sent to a Southern California voter ahead of the general election is pictured on Oct. 17, 2026, in Los Angeles.
The Department of Justice wants California election officials to set aside ballots involving individuals identified on its list for a review of their eligibility. This would prevent these ballots from being processed with others.
Circuit Judge Mark Bennett, appointed by Trump, questioned whether the administration’s request aligns with the Constitution’s Elections Clause. The clause delegates the authority over the times, places, and manner of congressional elections to state legislatures, subject to congressional regulation.
“You want us to issue an injunction that is completely at odds with the California legislature’s law under the Elections Clause,”
Judge Bennett remarked to Justice Department attorney Matthew Donnelly.
Judge Gabriel Sanchez, appointed by Biden, queried the Ninth Circuit’s involvement when the district court has not ruled on the DOJ’s request and a hearing before U.S. District Judge David Carter is pending. Meanwhile, Judge Patrick Bumatay, a Trump appointee, focused on the administration’s concerns about noncitizen voting and questioned California’s voter eligibility safeguards.
The Justice Department approached the appeals court for immediate action after Judge Carter did not meet a previous deadline set by the department. California contends the Ninth Circuit should wait for the lower court’s decision.
Initially, the Justice Department filed the lawsuit on Oct. 15, shortly after California started sending out ballots.
Before oral arguments, the Trump administration accused California of a history of voter roll mismanagement. California has denied these allegations, citing strong measures against noncitizen voting. Los Angeles County officials noted discrepancies in the government’s list, indicating some individuals listed were U.S. born or not registered to vote.
In its weekend filing, California argued that the government’s theory inverts constitutional principles. The state stressed the federal government’s lack of power over election rules absent a congressional law.
The litigation noted that over 3 million ballots have already been cast in California, with more than 500,000 in Los Angeles County. The Justice Department emphasized the urgency, warning that each delay risks processing more disputed ballots.
Judge Bennett promised a prompt ruling from the panel. Reuters provided additional information for this report.