Appeals Court Refuses to Pull 20,000 California Mail Ballots

A federal appeals court on Friday blocked the Trump administration's request to force California to set aside roughly 20,000 mail ballots the government suspected were cast by people who are not U.S. citizens. The ruling, issued 2-1, is the latest setback for the administration's push to tighten election oversight ahead of the midterm vote.

The case had already returned this week to U.S. District Judge David O. Carter, who ruled for California. Carter warned at the time that federal demands could "cause havoc" in election administration and discourage workers and voters. The Justice Department has also cited county officials in California and charged 28 people with violating federal election laws.

Writing for the majority, Judge Mark J. Bennett, a Trump appointee, joined Judge Gabriel P. Sanchez, a Biden appointee, in rejecting the government's request. The panel concluded that pulling thousands of ballots out of the regular counting process would disrupt the state's election system and intrude on California's authority to run its own elections. "If the United States believes that different mail ballot procedures are necessary, we think it should take that suggestion to Congress, not to the courts," the order stated.

The majority also questioned the reliability of data the federal government submitted, saying lists of registered noncitizens could produce false matches. Judge Patrick J. Bumatay, also appointed by Trump, dissented and wrote that the government's claims deserve serious consideration, noting that federal and state law bar noncitizens from voting in federal elections. Voting without citizenship is illegal in federal races, though documented cases remain scarce, and California officials maintain the federal records contain errors.

The Justice Department could now ask the Supreme Court to review the matter, but the calendar is working against it.