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9th Circuit Questions DOJ Demand to Set Aside 20,000 California Mail Ballots

The panel will hear arguments over the Justice Department’s bid to separate ballots from about 20,000 alleged noncitizens, while California calls the list unverified.

  • A three-judge 9th Circuit Court of Appeals panel held a rare Sunday hearing to weigh the Trump administration's emergency request forcing California election officials to segregate 20,000 ballots from voters flagged as potential noncitizens.
  • The Justice Department sued California and Los Angeles County earlier this month, demanding officials identify and set aside ballots from individuals federal agencies flagged as "likely noncitizens" before counting them in midterm elections.
  • Judge Mark Bennett questioned the Justice Department's authority under the Elections Clause, stating, "It seems to me that you want us to issue an injunction that is entirely inconsistent with the law the California Legislature has adopted."
  • Arguing the list is "wildly outdated," California Deputy Solicitor Gen. Samuel Siegal contended the administration's demands were "unconstitutional and illegal," while the appellate panel concluded without issuing a ruling on the intervention request.
  • With more than 3 million ballots already cast in California, the judges expressed significant skepticism regarding their own jurisdiction to intervene before the district court holds its scheduled hearing on Tuesday.
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Joe.My.God. broke the news on Sunday, October 25, 2026.
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