California Ballots: 9th Circuit Allows 20,000 Votes to Count Before Midterms

The 9th Circuit Court of Appeals ruled on Monday that California may count approximately 20,000 mail-in ballots ahead of the November 3 midterm election, rejecting a request from the Trump administration to hold those votes in sequestration.

The administration filed its lawsuit on October 15, arguing that the ballots were sent to individuals who are likely non-citizens. However, the government has not publicly disclosed the methodology used to create the list or determine the ineligibility of the voters on it. In a two-to-one decision, the appeals panel found that the administration did not provide lower courts sufficient time to review the matter before requesting an expedited decision.

Judge Gabriel Sanchez wrote the majority opinion, noting that election administration falls within the state's constitutional responsibility. He warned that federal intervention would invite disorder and confusion for both voters and officials. Sanchez stated that the administration was asking the federal court to dictate to a state legislature a matter squarely within the state's traditional domain.

California lawyers pushed back against the federal intervention in an October 20 court filing. Representatives for Secretary of State Shirley Weber described the lawsuit as a reckless political stunt at best and a threat to disenfranchise thousands of voters at worst. They framed the legal action as an effort to interfere with the state's voting process.

The case remains active in a lower court, with a hearing scheduled for Tuesday. The stakes are high for the November 3 vote, which will determine control of Congress. Republicans currently hold slim majorities in both the House and Senate, though projections suggest Democrats are on track to flip one or both chambers.

This ruling is part of a wider legal battle involving the Department of Justice, which has sued 30 states and Washington, DC, for access to voter rolls. The administration has lost 26 of those cases so far, with opponents arguing that the moves could scare away voters. In July, a Reuters investigation found only 129 cases of non-citizens being charged with illegal voting by federal authorities since 1996. Many of those incidents involved administrative errors rather than fraudulent intent.

Last week, the administration charged 28 immigrants in California with illegally voting. Reporting from the Los Angeles Times indicated that some of the accused were confused by the charges and maintained they had never registered to vote. Immigration agents have been assigned to verify the citizenship status of residents, a practice that has drawn scrutiny from voting rights advocates.