9th Circuit Blocks DOJ’s Last-Minute Bid to Sequester 20K CA Ballots

A federal appeals court has dismissed the Justice Department’s urgent bid to force California to set aside thousands of mail ballots allegedly cast by noncitizens, just weeks before the Nov. 3 midterm elections ^[1]. The 9th Circuit ruled 2-1 that the federal government failed to give a lower court adequate time to review its emergency request, calling the delay self-inflicted. The decision comes after the DOJ sued California officials and Los Angeles County election officials less than three weeks before voting day, demanding that ballots from 20,000 registered voters be paused while citizenship status was verified ^[2].

The Justice Department had argued that the district judge’s silence after a scheduled hearing amounted to a constructive denial, prompting an emergency appeal to the 9th Circuit ^[1]. But two judges—Mark Bennett (Trump appointee) and Gabriel Sanchez (Biden appointee)—ruled that the federal government had not followed proper procedural steps and had waited too long to act. They noted that California’s ballot processing system operates on a large scale and that the DOJ’s sudden push created an artificial emergency.

Judge Patrick Bumatay dissented, arguing the federal government has a constitutional duty to protect election integrity and that noncitizen voting undermines federal elections ^[1]. California Gov. Gavin Newsom called the ruling a ‘welcome speed bump’ to what he described as Donald Trump’s ‘disgusting attacks on democracy’.

Los Angeles County had previously told the DOJ that the list of suspected noncitizens lacked key details, including how it was compiled or how to verify citizenship, and warned that acting on it could be unlawful ^[1]. The county has already processed an estimated 550,000 mail ballots.

The claim that the list of 20,000 voters was compiled without transparency or verification has not been confirmed by independent sources ^[2].

The case is now set to return to federal district judge David O. Carter, who is scheduled to rule on the emergency request Tuesday ^[2]. The outcome could determine whether the ballots remain in play before Election Day.

This legal clash is part of a broader effort by the Trump administration to expand federal oversight of elections, including pushing for nationwide proof-of-citizenship requirements ^[1]. The story was first reported by CBS News and The Independent.