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Appeals Court Rejects Federal Request to Set Aside 20,000 California Ballots

The 9th U.S. Circuit Court of Appeals rejected an emergency request by the Justice Department to sequester 20,000 California ballots flagged as potential noncitizen votes.

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Published October 26, 2026 at 7:21 PM EDT

The short answer

The 9th U.S. Circuit Court of Appeals rejected an emergency request by the Justice Department to sequester 20,000 California ballots flagged as potential noncitizen votes.

Appeals Court Rejects Federal Request to Set Aside 20,000 California Ballots

The Facts

Who
The U.S. Justice Department, California election officials, and a three-judge panel of the 9th U.S. Circuit Court of Appeals.
What
Federal appeals court dismissal of DOJ request to sequester ballots
When
Monday, October 26, 2026
Where
California and Washington, D.C.
Why
The Justice Department sought to prevent 20,000 ballots from being counted, claiming the voters were likely noncitizens; the court ruled the DOJ delayed its filing and must proceed through the district court first.

A federal appeals court on Monday dismissed a request by the Justice Department to force California election officials to set aside approximately 20,000 mail-in ballots. The Trump administration sought the order based on claims that the ballots may have been cast by alleged noncitizens. The decision by the 9th U.S. Circuit Court of Appeals returns the matter to a lower district court.

The Justice Department filed the lawsuit earlier in October 2026, targeting ballots associated with individuals the federal government believes are likely noncitizens. The department sought an emergency appeal from the 9th Circuit after a U.S. District Court judge did not issue a ruling on the matter last week. The litigation is part of an effort by the administration to identify noncitizen voters.

A three-judge panel heard arguments during an emergency Sunday session conducted via Zoom. Judges Mark Bennett and Gabriel Sanchez formed the majority, ruling that the appeals court lacked the authority to intervene before the district court had addressed the case. Judge Patrick Bumatay dissented from the decision. The majority opinion stated that the Justice Department’s claimed emergency was partly "self-constructed" due to delays in filing the suit and a failure to recognize that California's ballot processing schedule aligns with its millions of registered voters.

This ruling affects approximately 20,000 voters in California whose mail-in ballots were targeted for separation from the general count. For these individuals, the decision means their votes will not be immediately sequestered while the litigation continues in the lower courts. The scale of the challenge involves about 20,000 ballots, representing a subset of the electorate the federal government has flagged based on its belief that the voters are likely noncitizens.

A person whose ballot was identified in this lawsuit would notice no immediate change to the processing of their specific ballot as a result of this appellate dismissal. The legal proceedings determine whether these votes are counted alongside others or held separately. The Justice Department has argued that the federal government should have a role in how states manage their election rolls, while the appeals court majority emphasized that existing California state law governs the issuance and processing of these ballots.

The case involves the timing of federal intervention in state election administration. The majority noted that the Justice Department's delay in communicating its desired relief and its initial lack of familiarity with California state law contributed to the court's refusal to grant emergency status. A hearing is scheduled in the U.S. District Court in California on Tuesday, October 27, 2026, at 4 p.m. ET, where a judge will further consider the Justice Department's request to set aside the 20,000 ballots.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. October 25, 2026

    Emergency appellate hearing held

    The three-judge panel holds an emergency hearing via Zoom to discuss the Justice Department's appeal.

  2. October 26, 2026

    Appeals court dismisses DOJ request

    A three-judge panel denies the DOJ's request, citing a lack of authority to rule before the district court.

  3. October 27, 2026

    District court hearing scheduled

    The case returns to the U.S. District Court for a 4 p.m. ET session.

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: Appeals Court Rejects Federal Request to Set Aside 20,000 California Ballots?

A federal appeals court on Monday dismissed a request by the Justice Department to force California election officials to set aside approximately 20,000 mail-in ballots. The Trump administration sought the order based on claims that the ballots may have been cast by alleged noncitizens.

Who is involved?

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

When did this happen?

Monday, October 26, 2026

Where did this happen?

California and Washington, D.C.

Why does this matter?

The Justice Department sought to prevent 20,000 ballots from being counted, claiming the voters were likely noncitizens; the court ruled the DOJ delayed its filing and must proceed through the district court first.