A federal appeals court dismissed a Justice Department push to force California election officials to segregate 20,000 mail-in ballots from voters flagged as suspected noncitizens, ruling that the court lacked jurisdiction to bypass the district court just weeks before the November midterm elections.
Appeals Court Tosses DOJ Emergency Request
Federal lawyers had asked the appellate panel to intervene before U.S. District Judge David O. Carter ruled on a temporary restraining order. The U.S. Court of Appeals for the 9th Circuit issued a 2-1 decision on Monday dismissing an emergency appeal brought by the Trump administration. The Justice Department argued that Carter’s lack of a decision by Thursday afternoon amounted to a constructive denial of their request to block California from counting the ballots.
Just In: Federal appeals court denies U.S. DOJ's push to force CA to set aside 20k ballots of alleged non-citizen registered voters. In 2-1 decision, justices say they lacked jurisdiction because U.S. "failed to allow the district court adequate opportunity to consider its…
Circuit Judge Mark Bennett, an appointee of President Donald Trump, stated that the panel lacked jurisdiction to hear the appeal at this stage of the litigation, writing for the majority. Bennett added that even if the court had reached the merits of the case, he would have denied the emergency motion. Circuit Judge Gabriel Sanchez joined in the ruling.
Los Angeles County alone handled an estimated 550,000 returned envelopes as midterms approached, while election officials across the country have already processed large numbers of mail-in ballots. Acting Deputy Attorney General Trent McCotter acknowledged during a Monday press conference that errors might exist within the federal roster containing 20,000 names.
County Officials Dispute Flagged Voter Records
The Justice Department delivered a thumb drive containing roughly 20,000 names to Los Angeles County officials, giving them 48 hours to verify citizenship status to start the legal clash. County officials initially declined to insert the unknown drive into government computers before receiving a spreadsheet via email. Separate court filings by Los Angeles County Registrar Dean Logan noted that out of the 20,000 names provided, only 7,035 featured addresses located within Los Angeles County, and several entries were duplicates. Similar letters demanding the segregation of flagged ballots within 48 hours were sent to county registrars in Contra Costa and Santa Clara counties, along with letters sent to at least 18 other California county registrars on Friday.
The Justice Department sued when California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan did not comply within the requested window. State filings challenged the reliability of the federal list. Independent experts, including UCLA School of Law Safeguarding Democracy Project director Rick Hasen, cautioned that federal reliance on unverified data sources risked disenfranchising thousands of eligible voters.
The thing they said doesn't happen is happening again. There is a minimum of 20,000 noncitizens on California voter rolls. Pass the SAVE AMERICA ACT and secure our elections. pic.twitter.com/TXqnPlDIIA
Federal Authorities File Criminal Charges
Federal authorities announced criminal charges against 28 people across California for allegedly registering or voting illegally as noncitizens on the heels of the lawsuit. Homeland Security Investigations officers arrested 72-year-old Omar Muñoz of Belize during a predawn raid at his home in Commerce among those swept up in the operation. Federal prosecutors alleged that Muñoz fraudulently registered in 2019 and cast ballots in 2020, twice in 2022, and again in 2024. All 28 individuals charged in the statewide sweep are lawful permanent residents holding green card status. Legal researchers have noted that when noncitizens do vote, it typically involves green card holders misunderstanding electoral rules rather than deliberate fraud.
At best, this litigation is a reckless political stunt.
Breaking: A federal appeals court has rejected the Trump administration’s unprecedented attempt to force California to set aside votes from 20,000 people it claims are noncitizens. https://t.co/Cc8rjaxdCP
California Attorney General Rob Bonta noted that the 28 charged individuals represent a tiny fraction of the state’s 23 million registered voters, amounting to roughly .0001% of the total registration pool. Federal prosecutors defended the enforcement actions, with First Assistant U.S. Attorney Bill Essayli asserting that noncitizen voting undermines federal elections, while DOJ deputy press secretary Kiersten Pels maintained that all department actions strictly adhere to federal law.
Judge Bennett Criticizes Federal Government Timing
Judge Bennett remarked that the emergency was a self-constructed one
resulting from the federal government waiting until three weeks before the midterm elections to file suit during Sunday’s rare emergency appellate hearing.
U.S. District Judge David Carter scheduled a Tuesday hearing to consider the administration’s request for a temporary restraining order following the 9th Circuit’s dismissal, which returns the litigation to his courtroom. The Justice Department retains the option to appeal the 9th Circuit panel’s decision to the full appeals court or the U.S. Supreme Court, where Justice Elena Kagan would handle emergency appeals originating from the 9th Circuit.
Trump knows he’s at risk of losing political power. That's why he instructed the DOJ (unprecedented) to begin suing states — “red” and “blue” — to baselessly plant seeds of doubt about this next election. California will not stop defending democracy. Hardworking local… pic.twitter.com/Syxmkb6udj