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Politics · October 29, 2026

Appeals court rejects Justice Department request for California to set aside disputed ballots

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The Justice Department has faced legal setbacks in its attempt to require California to set aside approximately 20,000 ballots it alleges were sent to noncitizens. A federal district judge and a three-judge panel of the 9th Circuit Court of Appeals both rejected the administration's emergency request to segregate these ballots, with the appeals court citing risks of disenfranchisement and the state's authority over elections. Simultaneously, a federal judge in Washington ordered the Justice Department to disclose letters sent to other states regarding similar demands, following a lawsuit by Democratic leadership and advocacy groups.

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Reported across the spectrum

  • The Justice Department sought to have California set aside roughly 20,000 ballots belonging to individuals it alleges are likely noncitizens.
  • A U.S. District Court judge rejected the department's request to segregate these ballots before the 9th Circuit Court of Appeals also denied the request.
  • The 9th Circuit panel ruled 2–1 against the Justice Department's emergency bid.
  • Judge James Boasberg ordered the Justice Department to provide more information or lists regarding its investigations to plaintiffs by Friday.

Reported by only some outlets

  • The lawsuit in Washington was filed by Senate Minority Leader Charles E. Schumer, House Minority Leader Hakeem Jeffries, and the Nevada Democratic Party.
  • The Justice Department issued subpoenas to employees of the Los Angeles County Registrar-Recorder.
  • Judges Mark Bennett and Gabriel Sanchez formed the majority in the 9th Circuit ruling, while Judge Patrick Bumatay dissented.
  • California officials stated the federal list of suspected noncitizens is unreliable and likely includes many U.S. citizens.

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