Appeals Court Rejects Trump Bid to Block California Mail Ballots

A federal appeals court has rejected the Trump administration's emergency attempt to prevent California from counting more than 20,000 mail ballots associated with registered voters whom federal officials suspect are noncitizens. In a 2-1 decision on Monday, October 26, 2026, the 9th US Circuit Court of Appeals ruled that it lacked jurisdiction to intervene before a federal district court had adequately considered the Justice Department's request.

The ruling leaves the dispute with the US District Court in California, where Judge David O. Carter scheduled a hearing for Tuesday at 4 p.m. ET. The case comes less than two weeks before the November 3 midterm elections, when voters nationwide will determine control of the House and Senate.

Judges Mark Bennett, appointed by Donald Trump, and Gabriel Sanchez, appointed by Joe Biden, formed the majority. Trump-appointed Judge Patrick Bumatay dissented. The majority concluded that the Justice Department had not given the lower court sufficient opportunity to consider its request for emergency relief.

The judges also criticized the federal government's timing, noting that the lawsuit was filed while California election officials were already processing ballots. The majority wrote that the government had delayed filing its case and had not adequately accounted for California's existing election procedures and the scale of its voter registration system.

In an unsigned opinion, the 9th Circuit described the government's emergency as partly self-created.

"The United States's claimed emergency, at least in part, is a self-constructed one," the court said.

The Justice Department filed suit earlier in October after Acting Deputy Attorney General Trent McCotter sent letters to California Secretary of State Shirley Weber and Los Angeles County's chief election official, Dean Logan. The letters gave officials 48 hours to review a list of more than 20,000 registered voters whom the administration considered likely noncitizens.

At least 18 California counties received letters on Friday demanding that election officials set aside and verify ballots associated with the listed voters. The department asked the court to require officials to hold those ballots and independently verify voters' citizenship before counting them.

Los Angeles County challenged the request, arguing that the federal government had not explained how it compiled the list or provided sufficient information to establish the citizenship status of the people identified.

A lawyer representing the county characterized the requested action as an unlawful demand directed at Logan.

"to engage in an unlawful course of conduct," the lawyer said of the action the Justice Department was asking Logan to undertake.

The county also questioned the reliability and scope of the federal data. According to court filings cited by CBS News, the administration's list contained 7,035 records with California county addresses. Officials examined a sample of 200 records, although the available source material does not provide the complete findings from that review.

During Sunday's emergency hearing, Justice Department lawyer Matthew Donnelly told the appeals panel that the administration had received voter information from an unidentified third party.

"supplied a list," Donnelly said, describing what the administration had received.

He said the list had been "purchased" from the state by an unnamed third party. The government subsequently compared the voter information against citizenship records using external software.

"rigorous process," Donnelly said, describing the administration's review of the data.

The Justice Department's lawsuit states that the Department of Homeland Security compares voter registration information with internal government records and uses third-party software to identify potential matches. The administration also cited records maintained by the Social Security Administration. California officials have said federal authorities have not adequately explained how they identified the alleged ineligible voters.

During the hearing, Bennett questioned whether election officials could legally reject voters without substantial evidence from the federal government.

"extraordinary proof," Bennett said, referring to the evidence that would be needed to justify disqualifying voters under state law.

The judge also pointed to a sworn statement from a Los Angeles election systems worker warning that removing the flagged ballots could severely disrupt election operations.

"catastrophic impact," Bennett said, referring to the potential effect on election administration.

Bennett challenged the administration's request to intervene before the district court had established the facts.

"You're asking us to take what you're saying as fact, as opposed to what the I.T. guy is saying, and with no fact finding by the district court?" Bennett asked.

The dispute also raises questions about the division of authority between federal and state governments in administering elections. California officials argue that the requested restrictions exceed the executive branch's constitutional authority, while federal officials contend that the state has not adequately cooperated in identifying potentially ineligible voters.

Both federal and California law prohibit noncitizens from voting in federal elections. The administration has claimed that large numbers of noncitizens are registered in the United States, including more than 190,000 in California, but the case concerns the specific group of voters identified in its request for emergency relief.

California began mailing ballots in early October. According to court filings cited by CBS News, Los Angeles County had already processed an estimated 550,000 mail ballots by the time the dispute reached the appeals court.

The appeals court's decision does not resolve the underlying allegations about the voters identified by the federal government. The case returns to the district court, where Carter's scheduled Tuesday hearing will address the administration's request for a temporary restraining order.