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NewsLos Angeles Times – CaliforniaOctober 26, 2026Los Angeles County

9th Circuit denies federal appeal to block counting of 20,000 California ballots

Photo: Los Angeles Times – California

A federal appeals court denied the U.S. Justice Department's emergency request to block California from counting about 20,000 ballots from voters whose citizenship was challenged by the Trump administration. The ruling allows a district court hearing in Los Angeles to proceed as scheduled on Tuesday afternoon.

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Read the full story at Los Angeles Times – California

Why It Matters

The decision keeps the processing and counting of approximately 20,000 contested ballots moving forward in an ongoing election where millions of votes have already been cast.

Key Facts

  • A three-judge panel of the U.S. 9th Circuit Court of Appeals denied the U.S. Justice Department's emergency request to block California from counting about 20,000 contested ballots.
  • The court ruled it lacked jurisdiction because a lower district court had not yet issued a ruling on the matter.
  • The appeals court granted Los Angeles County's request to dismiss the appeal, stating the administration failed to give the lower court adequate opportunity to consider its request.
  • Judges Mark J. Bennett and Gabriel P. Sanchez wrote concurring opinions stating they would have denied the request on substantive grounds even if jurisdiction existed.
  • Judge Patrick J. Bumatay dissented, arguing the administration had a sovereign interest and legal right to intervene to safeguard federal elections.
  • The ruling clears the way for a district court hearing scheduled before U.S. District Judge David O. Carter in Los Angeles.
  • More than 3 million ballots have been cast statewide in the upcoming midterm elections, with over 500,000 cast in L.A. County.

Who's Mentioned

PersonBrittny Mejia“Times staff writer who contributed to the report.”PersonDavid O. Carter“U.S. District Judge presiding over the upcoming hearing in Los Angeles.”PersonRob Bonta“California Attorney General.”locationLos Angeles County“Requested the dismissal of the appeal.”PersonPatrick J. Bumatay“Appeals court judge who dissented from the ruling.”PersonGabriel P. Sanchez“Appeals court judge who joined the unsigned order and wrote a concurring opinion”PersonMatthew Donnelly“Attorney for the Justice Department.”PersonDean Logan“Los Angeles County Registrar-Recorder/County Clerk.”PersonGavin Newsom“Governor of California.”OrganizationU.S. 9th Circuit Court of Appeals“Federal appeals court that denied the emergency request.”PersonPresident Biden“Appointed one of the judges on the appeals panel.”OrganizationU.S. Justice Department“Appealed to block the counting of about 20,000 ballots.”PersonMark J. Bennett“Appeals court judge who joined the unsigned order and wrote a concurring opinion”PersonShirley Weber“California Secretary of State.”locationCalifornia“State whose election officials and rules are involved in the litigation.”PersonPresident Trump“Appointed two of the three judges on the appeals panel.”PersonPresident Clinton“Appointed U.S. District Judge David O. Carter.”