Appeals Court Blocks Trump Bid to Seize California Ballots

A federal appeals court has rejected the Trump administration's attempt to remove approximately 20,000 California mail-in ballots from the normal counting process, while the Justice Department expands investigations into alleged noncitizen voting. The October 30 ruling came days before the 2026 midterm elections and reinforced California's authority to administer its own elections.

The three-judge panel ruled 2-1 against the administration, finding that federal intervention would improperly disrupt state election procedures. The decision followed a separate ruling by U.S. District Judge David O. Carter, who also rejected the government's request to isolate the ballots.

The appeals court warned that granting the administration's request would undermine constitutional protections. The panel wrote that such intervention would amount to "undermining the Constitution’s plain text."

The judges also directed the federal government toward Congress rather than the courts if it wanted changes to mail-in voting procedures.

"If the United States believes different procedures are necessary for vote-by-mail ballots, we believe it should take that suggestion to Congress, not the courts," the appeals court order stated.

The Justice Department can still ask the Supreme Court to intervene, although federal courts have traditionally avoided changing election rules immediately before voting takes place.

Meanwhile, the department has issued federal grand jury subpoenas to election officials in at least four California counties: Los Angeles, Orange, Santa Clara and San Diego, according to reporting by the San Francisco Chronicle. The requests seek voter registration records, addresses, voting histories and citizenship information.

The investigation also covers communications between election officials and the California secretary of state's office, along with procedures designed to prevent noncitizens from voting in federal elections.

The administration initially alleged that more than 190,000 noncitizens were potentially registered in California. After several months without further public developments, federal authorities narrowed their claim to approximately 20,000 registrations. Prosecutors subsequently charged 28 California residents with election-related offenses, including five who were not accused of voting, according to the San Francisco Chronicle.

The subpoenas do not automatically mean the election officials who received them are personally under investigation. However, the department has separately threatened some officials with criminal prosecution if they fail to review federal lists of suspected noncitizen voters within 48 hours.

In the subpoena documents, investigators requested information that "tends to indicate an alien has voted in a federal election" and evidence that "someone has aided and/or abetted an alien voting in a federal election."

Los Angeles County Registrar Dean Logan welcomed judicial intervention against pressure directed at local election workers. His office received three federal grand jury subpoenas from First Assistant U.S. Attorney Bill Essayli and Homeland Security Investigations agents.

Logan said the federal court's warning addressed an important concern involving election administration.

"Judge Carter’s admonishment about threats directed at election officials on Tuesday was well placed and appreciated," Logan said in a statement.

He also criticized the department's approach toward local election authorities and defended their handling of voting procedures.

"At every step, the U.S. Department of Justice has taken a confrontational, adversarial approach. Election officials are acting in accordance with state and federal law.

Clear court rulings at both the U.S. District Court level and the Court of Appeals have confirmed that. Threats and intimidation have no place in elections.

We will take whatever steps necessary to ensure the safety of our employees and to remain focused on serving the voters of Los Angeles County so they can exercise their voting franchise," he said.

Judge Carter had previously warned Essayli, who has led the administration's efforts to obtain California election records, against threatening state and county election employees.

"This court believes it would be wise that any threats to state and county elected employees cease immediately," Carter said during a Tuesday hearing.

In his subsequent Wednesday ruling, Carter reiterated his warning.

"The court reiterates what it said yesterday: these threats must stop," he wrote.

Orange County received four subpoenas seeking unredacted registration records for approximately 80 individuals. Registrar Bob Page said some names appeared more than once and confirmed that his office had already responded to three earlier subpoenas.

"The Registrar of Voters provided responsive documents requested in the three September subpoenas," Page said in an email.

He confirmed that the county intended to comply with the latest request as well.

"We plan to provide responsive documents for the subpoena delivered to us today," Page said.

The latest Orange County subpoena requested records concerning approximately 60 individuals dating from January 2017. Los Angeles County officials were instructed to appear at the federal courthouse in Santa Ana on November 4, while Orange County's deadline was November 18.

On Thursday night, a coalition of labor unions, civil rights organizations and immigrant advocacy groups filed a lawsuit against the Justice Department. The groups argued that the subpoenas violated multiple federal laws, including the Voting Rights Act.

Carter characterized the administration's broader conduct in California as part of a continuing pattern.

"A broad, ongoing pattern of attempted election interference by federal officials," Carter wrote in his Wednesday ruling.

David Becker, executive director of the Center for Election Innovation and Research and a former Justice Department attorney, also criticized the investigations.

"These efforts must be called what they are: a blatant attempt by a politicized and weaponized Justice Department to serve a desperate president’s political agenda," Becker said.

He argued that the department had intensified its actions despite the judge's warning.

"In response, the DOJ has doubled down," Becker added.

The developments coincide with a closely contested midterm campaign in which Republicans face potential losses in both chambers of Congress. President Trump also reversed an earlier decision to cancel campaign appearances in Iowa and Kansas, with a White House official confirming that he planned to hold rallies in both states on Sunday.

Trump said he had considered replacing the in-person events with remote rallies but received calls from Republicans in both states who preferred his physical presence. The reversal came after the original events were canceled a day earlier, as Republican candidates faced competitive races in traditionally conservative states.

In Alaska, the Justice Department also issued dozens of subpoenas connected to an alleged Democratic effort to recruit additional candidates in a closely contested Senate race. Democratic candidate Mary Peltola denied participating in the plan.

"I knew nothing about any other candidates on the ballot except for me and the incumbent. That is all I have ever known about. I am not interested in tricking voters," Peltola said at a fundraiser in Juneau on Thursday.

Her statement differed from an account provided by former campaign manager Elisa Rios, who said Peltola was not directly involved but was "definitely aware."