The U.S. Department of Justice has asked a federal appeals court to intervene in its legal battle with California over more than 20,000 mail-in ballots ahead of the November 3, 2026, midterm elections. The Trump administration is seeking to prevent the state from counting ballots associated with voters it believes may not be U.S. citizens until their citizenship status can be verified. The request was submitted to the 9th U.S. Circuit Court of Appeals on October 22.
The Justice Department filed its original lawsuit against California on October 15, arguing that federal agencies had identified more than 20,000 people who were potentially noncitizens but appeared on the state’s voter registration lists. Federal officials say noncitizens are prohibited from voting in federal elections and contend that California should set aside the affected ballots while officials determine whether the individuals are eligible to vote. The allegations have not established that all or any specific number of the flagged individuals actually voted illegally.
The appeal came before U.S. District Judge David Carter had ruled on the administration’s request for an emergency order. After the judge did not issue a decision by a deadline requested by the Justice Department, federal lawyers characterized the lack of an immediate ruling as a “constructive denial” and sought intervention from the appeals court. The district court had scheduled a hearing for the following week, leaving the legal status of the requested restrictions unresolved at the time of the appeal.
California officials have challenged the federal government’s allegations and the legal basis for its demands. State representatives argue that the federal data used to identify potentially ineligible voters may be unreliable and that the administration lacks the authority to compel California to withhold ballots on that basis. The dispute also raises broader questions about the division of authority between the federal government and states, which administer elections and maintain voter registration systems.
The case comes as voting is underway ahead of midterm elections that will determine control of Congress. Voting rights organizations have also sought to participate in the litigation, arguing that eligible voters could be affected if ballots are excluded before citizenship concerns are individually verified. The appeals court’s response and the lower court’s forthcoming proceedings could determine whether California must take additional steps involving the disputed ballots before Election Day.
