The U.S. Supreme Court on Monday, Nov. 2, rejected an emergency appeal from the Trump administration to set aside thousands of mail-in ballots in California. The administration sought to isolate approximately 20,000 ballots cast by individuals the federal government suspected were not citizens. The ruling follows several lower court decisions that also declined to intervene in the state’s election procedures just one day before the 2026 midterm elections.
The legal challenge originated from a Justice Department effort to identify noncitizen voters. Federal officials argued that the disputed ballots should be set aside and verified before being counted to prevent the commingling of potentially unlawful votes. California officials, including Attorney General Rob Bonta, opposed the request, stating that the federal government's list of suspected noncitizens was unreliable and likely included eligible U.S. citizens.
In lower court proceedings, U.S. District Judge Trina Thompson noted a "high error rate" in the Justice Department's data, a point Justice Department attorney Kenneth Kao acknowledged as a "fair statement." Chief Judge James Boasberg also ruled against the administration on Monday, stating the demands likely violated the Constitution's Elections Clause by infringing on authority committed to states and Congress. Solicitor General D. John Sauer argued that once these ballots were mixed with others, they could not be retrieved, while California officials countered that separating them at this stage was logistically impossible.
On a broader scale, the ruling maintains the current distribution of authority between federal and state governments regarding the administration of elections. The U.S. Department of Justice (DOJ) had sought a "limited injunction" to pause the counting of these specific ballots. The decision prevents a scenario where federal lists, which DOJ attorneys admitted contained inaccuracies, could be used to sideline ballots in a state where all registered voters are automatically mailed a ballot.
The rejection of the administration's appeal marks the conclusion of this specific legal push before the midterm elections held on Tuesday, Nov. 3, 2026. While the Supreme Court has previously supported some administration appeals, this action follows a prior rejection of efforts to restrict mail-in voting. With the high court's denial and Judge Boasberg’s order to cease these demands, California officials will proceed with the standard counting and certification process for all ballots received, including the 20,000 that were the subject of the administration's challenge.