Appeals Court Rejects DOJ Bid to Set Aside California Ballots

A federal appeals court on Friday again denied the Trump administration's request to set aside about 20,000 California ballots. The administration says the voters may not be U.S. citizens.

2-1 vote: Judges Mark J. Bennett and Gabriel P. Sanchez formed the majority.
Bennett and dissenter Patrick J. Bumatay were appointed by Trump; Sanchez by Biden.
California officials call the federal list highly unreliable and likely to include citizens.
Millions of Californians have already voted; processed ballots cannot be traced to voters.

Why it matters: The majority held that the Constitution gives states and Congress power over elections, not federal agencies acting through courts. It said the administration should take its proposed procedures to Congress.

The court found no feasible way to separate specific ballots without disrupting the whole system.
Bumatay called the request a modest remedy that would delay, not cancel, any vote.

The story so far

75 steps · since Oct 9

Oct 9–14
Oct 146:27 PMJustice Department Sues California Over Alleged Noncitizen Mail Ballots59 sources
Oct 15–19
Oct 199:45 AMDOJ Charges 28 Over Alleged Noncitizen Voting in California56 sources
Oct 19–22
Oct 234:53 AMTrump Admin Moves to Block Alaska Senate Result If Sullivan Loses83 sources
Oct 23–28
Oct 2810:51 AMDemocrats Accused of Recruiting Second Dan Sullivan in Alaska76 sources
Oct 28–29
Oct 294:17 PMAppeals Court Rejects DOJ Bid to Set Aside California BallotsYou are here
Oct 29–30
Oct 307:17 PMFBI Surges Agents to Alaska Over Alleged Senate Ballot Scheme3 sourcesLatest

How 25 sources split on this story

Source landscape

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Coverage by lean% of 25 sources

25 sources · 30 articles · 40% Right coverage

Where they split: The dispute is whether holding suspect ballots for citizenship checks protects elections or risks disenfranchising eligible citizens on an unreliable list.

Center coverage, 9 sources: The center reports the ruling as the latest round in a widening legal fight between Washington and California before Election Day.

WESH 2 News5hAppeals court rejects Justice Department request for California to set aside disputed ballots Yahoo News6h9th Circuit again denies Trump administration request to block 20,000 California ballots The National Desk2hAppeals court rejects DOJ's request for California to set aside disputed ballots Axios6hTrump DOJ loses last-minute California ballot bid Law and Crime4h'Undermining the Constitution's plain text': 9th Circuit rejects Trump admin request to remove names from California's voter rolls for 2nd time in 2 weeks PBS NewsHour4hAppeals court rejects Justice Department request for California to set aside disputed ballots The Hill5hAppeals court rules against Trump — again — on California ballots USA Today5hAppeals court again rejects Trump bid to block California ballots WKBN Youngstown2hAppeals court rules against Trump — again — on California ballots

Left coverage, 6 sources: The left frames the ruling as a setback for the administration's effort to assert control over state-run elections, stressing risks to eligible voters.

CBS News5hAppeals court rejects DOJ request to have California set aside disputed ballots Los Angeles Times6h9th Circuit again denies Trump administration request to block 20,000 California ballots Al Jazeera5hUS appeals court again rejects Trump bid to set aside California ballots Florida Phoenix2hTrump loses appeals over California ballots, Homeland Security operations NBC News5hAppeals court again rejects DOJ’s bid to segregate over 20,000 alleged noncitizen ballots in California The Independent4hTrump’s bid to toss 20,000 California ballots could ‘jeopardize’ midterm elections, appeals court warns

Right coverage, 10 sources: The right frames the ruling as another blow to ballot-security efforts, noting the administration sought verification, not disqualification.

Just the News1dAppeals court again rejects Trump admin's bid to separate 20K CA ballots New York Post4hCourt rejects DOJ effort to block 20,000 California votes NTD4hAppeals Court Rejects DOJ Request for California to Set Aside 20,000 Ballots The Blaze2h9th Circuit denies Trump DOJ's demand for California to set aside likely noncitizen ballots — but it's not over The Epoch Times1dAppeals Court Rejects DOJ Request for California to Set Aside 20,000 Ballots The Gateway Pundit4hJUST IN: Ninth Circuit Court Rejects Trump DOJ’s Last-Minute Bid to Force California to Remove 20,000 Ballots Mailed to Non-Citizens * The Gateway Pundit * by Cristina Laila The Right Scoop5hBREAKING: 9th Circuit REJECTS Trump appeal on California noncitizen ballots The Washington Times5hTrump suffers another loss in effort to block California ballots Washington Examiner4hAppeals court rejects DOJ bid to set aside California mail ballots ZeroHedge37mAppeals Court Rejects DOJ Request For California To Set Aside 20,000 Ballots

What’s next: At least three L.A. County election officials face a grand jury appearance on Nov. 4. The Justice Department has not said whether it plans charges.

A federal judge ordered the administration to share the list with two outside groups.
Unions including the AFL-CIO seek to block federal pressure on officials to stop counting.
How many people on the 20,000-name list are actually U.S. citizens?
Will the Justice Department appeal to the Supreme Court before Election Day?