Ninth Circuit Blocks Justice Department Bid to Set Aside California Ballots

California election officials have received a reprieve in a federal lawsuit that sought to halt the counting of thousands of mail ballots. On Monday, the U.S. Court of Appeals for the 9th Circuit dismissed the Justice Department's request to force state and local election administrators to set aside votes from individuals the Trump administration believes may be noncitizens.

The three-judge panel issued a 2-1 decision, determining that the federal government lacked jurisdiction over the appeal. The court found that the Justice Department granted the lower federal court insufficient time to consider its request for temporary relief. Judges Mark Bennett and Gabriel Sanchez joined the majority opinion, while Judge Patrick Bumatay wrote a dissenting opinion.

The majority criticized the timing of the lawsuit, noting that the Department of Justice filed its suit less than three weeks before the November 3 midterm elections. The judges observed that the department waited until the state was already processing ballots before seeking a temporary restraining order. The opinion described the federal government's claimed emergency as partly self-constructed due to delays in filing and communicating its desired relief to the court.

In his dissent, Judge Bumatay argued that the federal government holds a sovereign interest in safeguarding federal elections. He wrote that the power to stop what he characterized as an attack on election integrity exists under both federal law and the Constitution.

The dispute began when Acting Deputy Attorney General Trent McCotter sent a letter to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan. The letter gave them 48 hours to review a list of more than 20,000 registered voters identified as likely noncitizens. Los Angeles County responded on October 15, stating that the list included addresses from across the state and lacked details on how citizenship status would be confirmed.

County officials noted that a sample of 200 records from the list showed 112 corresponded to canceled or inactive registrations. Most of the individuals in that sample had never voted, and more than a quarter listed a U.S. birthplace. The Justice Department sued on the same day the county sent its response, claiming state officials failed to work collaboratively with the federal government.

Los Angeles County has already processed an estimated 550,000 mail ballots according to court filings. The state began mailing ballots in early October. The Department of Homeland Security has not provided election officials with an explanation of how it identified the alleged ineligible voters, relying instead on internal data and third-party software.

The Justice Department has the option to ask the full 9th Circuit to reconsider its decision. The panel gave government lawyers until 7 p.m. local time on Monday to submit such a request.