NewsWPLG Local 10October 27, 2026Miami-Dade County
Appeals Court Declines to Block California from Counting 20,000 Disputed Ballots
Photo: WPLG Local 10
An appeals court on Monday declined to rule on whether California can count roughly 20,000 disputed ballots that the Justice Department alleges belong to noncitizens. The 2-1 decision leaves the ballots in the count for now and sets up another legal hearing before a federal district judge on Tuesday.
Read the full story at WPLG Local 10Why It Matters
The federal government sought to force California to 20,000 votes ahead of the Nov. 3 elections, while state officials argued that setting those ballots aside risks eligible voters.
Key Facts
- A 2-1 appeals court decision on Monday declined to block California from counting roughly 20,000 disputed ballots.
- The Justice Department alleged the 20,000 ballots likely belong to noncitizen voters and asked for them to be sequestered.
- The ruling sets up a legal showdown on Tuesday before a federal district judge ahead of the Nov. 3 elections.
- Two of the 9th Circuit judges wrote separate concurrences questioning the accuracy of the federal government's list and warning that setting aside votes risks disenfranchising citizens.
- One judge dissented, arguing that federal law bars noncitizens from voting and requires vetting before ballots are counted.
- The Trump administration sued California election officials in mid-October over a list of 20,000 names alleged to be noncitizens.
- Los Angeles election officials stated that a random sample of the DOJ-identified immigrants appeared to have been born in the United States.
- Judge Gabriel Sanchez wrote that the emergency appeal was partly the product of the federal government's own delays in filing close to the election.
- California Attorney General Rob Bonta hailed the ruling as a welcome speed bump against administration attacks.
- A federal judge in Southern California scheduled a hearing on the matter for Tuesday at 1 pm.
Who's Mentioned
PersonPatrick Bumatay“9th Circuit Court judge appointed by Trump who dissented”OrganizationJustice Department“Federal agency that sued California officials over voter rolls”OrganizationU.S. Senate and House“Bodies with upcoming races influenced by state outcomes”PersonMark J. Bennett“9th Circuit Court judge nominated by Trump”OrganizationTrump administration“Administration that brought the lawsuit against California”locationCalifornia“State where election officials were sued by the Justice Department”OrganizationOffice of the U.S. Attorney in the Central District of California“Office that did not immediately respond to an emailed inquiry”locationLos Angeles“Location of election officials who reviewed voter samples”PersonJoe Biden“President who appointed Judge Gabriel Sanchez”PersonGabriel Sanchez“9th Circuit Court circuit judge appointed by President Joe Biden”PersonRob Bonta“California Attorney General who commented on the ruling”PersonDonald Trump“President whose administration sued state officials”locationWashington“State where Justice Department made similar demands”