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Trump Administration Faces Skeptical Appeals Court in California Ballot Dispute

Federal judges question the Justice Department's emergency bid to set aside thousands of mail-in ballots in California.

United States·26 Oct 2026, 01:03·5 days 3 hours ago· 2 min read
Trump Administration Faces Skeptical Appeals Court in California Ballot Dispute

The Trump administration’s legal effort to alter California’s ballot processing procedures encountered significant resistance during a rare weekend session at the 9th U.S. Circuit Court of Appeals. The Department of Justice (DOJ) is seeking an emergency order to force state election officials to segregate approximately 20,000 mail-in ballots, which federal authorities claim were cast by individuals who are likely noncitizens. This high-stakes litigation comes as the administration attempts to assert greater federal oversight over state election rolls ahead of the midterm elections.

The DOJ took the unusual step of appealing to the higher court before the presiding district judge, David O. Carter, had issued a ruling on their request for a temporary restraining order. Federal prosecutors argued that the lower court’s silence on their motion effectively functioned as a denial, necessitating immediate intervention. However, the three-judge panel appeared unconvinced by the administration's procedural maneuver and the underlying merits of the case.

During the hearing, judges expressed skepticism regarding the methodology used to identify the 20,000 voters in question. California officials have strongly contested the accuracy of the federal list, noting that preliminary reviews of a sample group revealed that one in four individuals flagged by the government were actually born in the United States. State representatives argued that the federal government lacks the legal standing to use the federal ban on noncitizen voting to disrupt state-level election administration.

Legal experts and state officials have characterized the DOJ's request as an unprecedented intrusion into local election management. California authorities warned that complying with the federal demand would be logistically disruptive and could undermine the integrity of the ongoing vote-counting process. As the court weighs the arguments, the case remains a focal point of the broader national debate over election security and the limits of federal authority in state-run contests.

ELECTIONSCALIFORNIADOJLAWSUITVOTING

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