NewsWPLG Local 10 – PoliticsOctober 31, 2026Miami-Dade County
9th Circuit rejects Justice Department request to set aside disputed California ballots
Photo: WPLG Local 10 – Politics
A federal appeals court refused the Justice Department's request to force California to set aside and delay counting roughly 20,000 disputed ballots from potentially non-U.S. citizens. The 2-1 ruling concluded that identifying and separating the specific ballots is not feasible without causing catastrophic effects on the election system.
Read the full story at WPLG Local 10 – PoliticsWhy It Matters
The federal court decision allows California election officials to continue processing and counting votes in the midterm election without segregating the disputed 20,000 ballots, while outside legal groups gain access to inspect the government's list.
Key Facts
- A federal appeals court rejected a Justice Department request to force California to set aside disputed ballots received in the midterm election.
- The Trump administration alleged that California sent ballots to about 20,000 individuals who may not be U.S. citizens.
- The 9th Circuit Court of Appeals ruled 2-1 that segregating the specific ballots is not feasible without potentially catastrophic effects on the entire system.
- The majority opinion was written by Judges Mark J. Bennett and Gabriel P. Sanchez, while Judge Patrick J. Bumatay dissented.
- A federal judge ordered the Trump administration to share the disputed list of 20,000 names with lawyers for the Coalition for Humane Immigrant Rights and the UCLA Voting Rights Project.
- The Justice Department promptly appealed the decision sharing the list with outside groups on Friday evening.
- In a separate 9th Circuit decision, judges ruled that federal investigations into illegal voting by noncitizens in nine states will remain on hold until after Election Day.
- A coalition of labor unions, including the A.F.L.-C.I.O. and AFSCME, asked a federal judge to temporarily block the Justice Department from demanding that local officials stop counting ballots and dropping threats of criminal prosecution.
- Top federal prosecutor in Los Angeles Bill Essayli warned that election officials knowingly processing a noncitizen's ballot face legal jeopardy.
- Subpoenas were issued to Los Angeles County election officials requiring at least three officials to appear before a grand jury on Wednesday.
- Justice Department lawyers have previously indicated they will appeal the ballot segregation issue to the U.S. Supreme Court.
Who's Mentioned
OrganizationHomeland Security Department“Sued by civil rights groups over federal immigration data usage”OrganizationJustice Department“Requested California to set aside disputed ballots”OrganizationAmerican Federation of State, County and Municipal Employees“Union coalition challenging federal government efforts”PersonMark J. Bennett“Judge on the 9th Circuit panel who authored the majority opinion”PersonKiersten V. Pels“Justice Department spokesperson”PersonGabriel P. Sanchez“Judge on the 9th Circuit panel”locationCalifornia“State conducting midterm elections”PersonMulvihill“Associated Press writer”locationAlaska“State where the Trump administration issued subpoenas in a spoiler-candidate con”OrganizationA.F.L.-C.I.O.“Union coalition challenging federal government efforts”PersonJoe Biden“Former U.S. President”PersonBill Essayli“Top federal prosecutor in Los Angeles”Organization9th Circuit Court of Appeals“Appeals court that issued the 2-1 ruling”PersonXavier Becerra“Democratic candidate for California governor and adviser to the UCLA Voting Righ”OrganizationUCLA Voting Rights Project“Plaintiff group granted access to the disputed list of names”PersonDonald Trump“U.S. President”OrganizationCoalition for Humane Immigrant Rights“Plaintiff group granted access to the disputed list of names”PersonPatrick J. Bumatay“9th Circuit judge who wrote the dissenting opinion”PersonSwenson“Associated Press writer”locationWashington state“Jurisdiction provided with a list of alleged noncitizen voters by the Justice De”locationLos Angeles County“Jurisdiction where election officials received subpoenas”