9th Circuit Blocks Trump Bid to Sequester 20,000 California Ballots

The United States Court of Appeals for the Ninth Circuit ruled against the Trump administration on Monday, denying a request to set aside approximately 20,000 mail-in ballots in California. The decision was issued less than two weeks before the November 3 midterm election. The court voted two-to-one to allow the state to proceed with its standard tabulation process without federal interference.

The federal government had argued that the ballots in question were sent to individuals who are likely non-citizens. However, the administration has not publicly disclosed the methodology used to create the list of ineligible voters or how it determined their citizenship status. Judge Gabriel Sanchez, writing for the majority, stated that the administration had not provided lower courts with enough time to examine the matter properly.

The lawsuit was filed on October 15, giving state and federal judges a narrow window to respond before the election. Sanchez criticized the timing, noting that the administration was asking a federal court to dictate terms to a state legislature on a matter traditionally handled by the state. He warned that an expedited ruling would invite disorder and confusion for both voters and election officials.

California, a state with a Democratic leadership, has defended its voting procedures. Lawyers for Secretary of State Shirley Weber filed a response on October 20, describing the litigation as a reckless political stunt at best. They argued that the suit threatened to disenfranchise thousands of eligible Californians. The state officials also cast doubt on the administration's claim that 20,000 ballots were sent to likely non-citizens.

A lower court hearing is scheduled for Tuesday, where the case will continue to be weighed. The Trump administration sought the expedited appeals court decision due to the approaching election date. The midterm election will determine which party controls Congress. Republicans currently hold slim majorities in both the House of Representatives and the Senate, while experts project Democrats may gain seats in one or both chambers.

The Department of Justice has filed similar lawsuits against 30 states and Washington, D.C., seeking full access to voter rolls that include sensitive personal data. The department has lost 26 of those cases so far. Opponents have argued that releasing such data could intimidate voters and interfere with state election administration. The administration has not won any of the 30 cases.

In July, a Reuters investigation found only 129 instances of non-citizens being charged with illegal voting by federal authorities since 1996. Many of those cases involved administrative errors or confusion over voting rules 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 never registered to vote.