Ninth Circuit Halts Federal Push to Pause California Mail Ballot Count

The United States Supreme Court has not been asked to intervene, but the Ninth Circuit Court of Appeals has already moved to clear a major hurdle for California election officials. The court issued a decision on Monday that denies the Trump administration’s request to sequester approximately 20,000 mail-in ballots. These ballots remain in the tabulation process ahead of the November 3 midterm vote.

The federal government filed its lawsuit on October 15, less than three weeks before election day. The Justice Department argued that the specific ballots were mailed to individuals it deemed likely non-citizens. The administration has not publicly released the methodology used to compile this list or the evidence demonstrating that the named individuals lacked citizenship. The panel split two to one in its ruling.

Judge Gabriel Sanchez, writing for the majority, stated that the executive branch failed to provide lower courts with adequate time to review the matter. The opinion emphasized that the Constitution assigns election administration to the states. Sanchez wrote that the administration was asking a federal court to dictate to a state legislature on a matter squarely within the state’s traditional domain. He added that granting the petition would invite disorder and confusion for both voters and election officials.

California Secretary of State Shirley Weber’s legal team responded to the suit in a filing on October 20. They described the litigation as a reckless political stunt at best and a threat to disenfranchise thousands of Californians at worst. Weber’s office has cast doubt on the claim that 20,000 ballots went to likely non-citizens. The suit has drawn criticism for attempting to interfere in the voting process in a state led by Democrats.

The case remains before a lower court, which holds a hearing scheduled for Tuesday. The administration sought a faster ruling from the appeals court, citing the proximity of the election date. The ruling is the latest setback for the federal government in its push to control voting procedures. The Justice Department has sued 30 states and Washington, DC, seeking full access to voter rolls containing sensitive personal data.

Federal officials argue this access is necessary to prevent alleged voter fraud. They have lost 26 of those 30 cases so far. Opponents successfully argued that the moves could scare away voters and interfere with state election administration. Experts note that voting by non-citizens is rare in federal elections. A Reuters investigation found only 129 cases of non-citizens being charged with illegal voting by federal authorities since 1996. Many of those cases involved administrative errors rather than fraudulent intent.

Voting rights advocates have highlighted flaws in the administration’s identification process. They warn that eligible voters risk being disenfranchised. Immigration agents have been assigned to identify non-citizen voters, sometimes knocking on doors to ask residents about their status. Last week, the administration charged 28 immigrants in California with illegal voting. The Los Angeles Times reported that some of the accused responded with confusion, stating they had never registered to vote.