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9th Circuit Hears Arguments on DOJ Bid to Set Aside 20,000 California Ballots

A federal appellate panel questioned a Justice Department request to withhold 20,000 California mail ballots for citizenship verification ahead of the 2026 midterms.

Published October 25, 2026 at 8:53 PM EDT

The short answer

A federal appellate panel questioned a Justice Department request to withhold 20,000 California mail ballots for citizenship verification ahead of the 2026 midterms. A three-judge panel of the 9th U.S. Circuit Court of Appeals held a rare weekend hearing on Sunday, October 25, 2026, to consider a Justice Department request to set aside approximately 20,000 California mail ballots.

9th Circuit Hears Arguments on DOJ Bid to Set Aside 20,000 California Ballots

The Facts

Who
A three-judge panel of the 9th U.S. Circuit Court of Appeals, the U.S. Justice Department, and California election officials.
What
Oral arguments regarding a Justice Department lawsuit to set aside 20,000 California mail ballots.
When
Sunday, October 25, 2026
Where
9th U.S. Circuit Court of Appeals
Why
The Justice Department seeks to verify the citizenship status of 20,000 flagged voters before their ballots are counted, while state officials argue the demand is unconstitutional and logistically unfeasible.

A three-judge panel of the 9th U.S. Circuit Court of Appeals held a rare weekend hearing on Sunday, October 25, 2026, to consider a Justice Department request to set aside approximately 20,000 California mail ballots. The Trump administration filed a lawsuit in mid-October seeking to prevent these ballots from being counted until the citizenship status of the voters could be verified.

The litigation follows the administration flagging 20,000 names on California’s voter rolls as potential noncitizens. The Justice Department alleged that California officials failed to meet a 48-hour deadline to review these names. While a district judge had scheduled a hearing for October 27, 2026, the federal government appealed to the 9th Circuit seeking an expedited emergency order before the ballots are processed.

During the hearing, Justice Department attorney Matthew Donnelly argued that allowing noncitizens to vote causes "irreparable harm" and violates both state and federal law. However, Circuit Judge Mark Bennett, an appointee of President Donald Trump, questioned the court’s jurisdiction to hear the case before a lower court ruling. Judge Gabriel Sanchez, appointed by President Joe Biden, questioned if the federal demand violated the Tenth Amendment by "commandeering" the state to enforce federal law.

For election administrators, the scale of the proposed review represents a significant logistical change. Waxman testified that checking the expected 2.75 million mail ballots against the federal list would require 140,000 man-hours, which he translated to roughly 16 years of working time if each check took three minutes. California Secretary of State Shirley Weber’s office argued that the federal government lacks credible evidence for its suspicions, while Judge Patrick Bumatay noted that without an injunction, the government might never know if ineligible voting occurred.

The ruling will set a precedent regarding the balance of power between the federal executive branch and state governments in managing voter rolls and election procedures. Under the U.S. Constitution's Elections Clause, states generally have the authority to determine the "time, place and manner" of elections. If the court grants the Justice Department's request, it could change how mail ballots are sorted and verified in California just days before the election. Judge Bennett stated the panel would attempt to issue a ruling as quickly as possible, but did not set a specific deadline. A separate district court hearing remains on the calendar for October 27, 2026.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. May 6, 2025

    DOJ logo seen at press conference

  2. May 4, 2026

    DOJ logo seen at news conference

  3. October 15, 2026

    Trump administration files lawsuit in mid-October

  4. October 25, 2026

    9th Circuit holds weekend oral arguments

  5. October 27, 2026

    District court hearing scheduled

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: 9th Circuit Hears Arguments on DOJ Bid to Set Aside 20,000 California Ballots?

Oral arguments regarding a Justice Department lawsuit to set aside 20,000 California mail ballots.

Who is involved?

A three-judge panel of the 9th U.S. Circuit Court of Appeals, the U.S. Justice Department, and California election officials.

When did this happen?

Sunday, October 25, 2026

Where did this happen?

9th U.S. Circuit Court of Appeals

Why does this matter?

The Justice Department seeks to verify the citizenship status of 20,000 flagged voters before their ballots are counted, while state officials argue the demand is unconstitutional and logistically unfeasible.