9th Circuit lets California count 20,000 disputed mail ballots

A federal appeals court on Monday allowed California to proceed with counting approximately 20,000 mail-in ballots for the upcoming midterm election.

The 9th U.S. Circuit Court of Appeals denied the Justice Department's request to stop the state from tabulating these specific votes. The administration had argued that the ballots were mailed to individuals who are likely non-citizens. However, the government has not publicly detailed the method used to create this list or to determine the citizenship status of the voters named on it.

The three-judge panel split in a 2-1 decision. The majority opinion stated that the administration failed to provide lower courts with sufficient time to examine the case before seeking an emergency pause. The judges also emphasized that the U.S. Constitution designates state officials as the primary administrators of elections. Judge Gabriel Sanchez, writing for the majority, noted that the federal court was asking a state legislature to yield on a matter within its traditional authority. He warned that approving the petition would invite disorder and confusion for both voters and election officials.

The Justice Department originally filed the lawsuit against California on October 15, less than three weeks before the general election. A lower court still has the case pending, with a hearing set for Tuesday. The administration urged the appeals court for a rapid ruling due to the proximity of the vote.

California’s Secretary of State, Shirley Weber, and her legal team pushed back against the federal intervention. In a court filing on October 20, Weber's lawyers described the lawsuit as a reckless political stunt at best and a threat to disenfranchise thousands of Californians at worst. Democratic leaders in the state have also challenged the premise that 20,000 ballots were sent to likely non-citizens, viewing the suit as an effort to interfere with the voting process.

This ruling is part of a larger legal campaign by the Trump administration to influence voting procedures. The Justice Department has sued 30 states and Washington, D.C., to obtain full access to voter rolls containing personal data. The goal is to prevent alleged voter fraud. The administration has lost 26 of these cases and has not won any, as opponents argue the actions could deter voters and disrupt state operations.

Experts note that non-citizen voting is rare and prohibited in federal elections across all 50 states. A July investigation by Reuters identified only 129 cases of non-citizens charged with illegal voting by federal authorities since 1996. Many of these cases involved administrative errors or confusion over rules rather than intentional fraud. Immigration agents have recently been assigned to identify non-citizen voters, including by knocking on doors. Last week, the administration charged 28 immigrants in California with illegal voting, though some accused individuals expressed confusion, stating they had never registered to vote.