A federal appeals court on Friday for the second time denied a request by the Trump administration to block around 20,000 mail-in ballots in California that officials allege were cast by noncitizens. The U.S. 9th Circuit Court of Appeals, in a 2-1 ruling, found that the administration had not demonstrated that such an extraordinary intervention was warranted so close to the midterm elections, emphasizing that election rules are primarily governed by state law and Congress.
The majority opinion, authored by Judge Mark J. Bennett, a Trump appointee, and joined by Judge Gabriel P. Sanchez, appointed by President Biden, underscored the constitutional authority of California and Congress over election procedures. The court stated that the Trump administration’s attempt to impose federal statutes to alter California’s ballot processing would override the “plain and manifest dictates of the Constitution.” They further noted that if different vote-by-mail procedures are necessary, changes should be sought legislatively rather than through the courts.
The panel highlighted concerns about the reliability of the administration’s list of alleged noncitizen voters. The list, which draws from public records, immigration files, and commercial databases, has been criticized by state and county officials for significant inaccuracies, including individuals born in the United States or unregistered voters. The court cited federal law prohibiting major updates to voter rolls within 90 days of an election, intended to prevent confusion and disenfranchisement.
In dissent, Judge Patrick J. Bumatay, also a Trump appointee, argued that the court should have granted the administration’s request to separate ballots from the individuals on the government’s list pending verification. He described the proposed measure as modest and reasonable, intended to ensure that only eligible citizens’ votes are counted.
The dispute forms part of a broader campaign by the Trump administration alleging widespread noncitizen voting, claims disputed by the state of California and election experts who say such occurrences are exceedingly rare. Officials point to only 28 prosecutions related to voter fraud in California as evidence that the issue is minimal. California Attorney General Rob Bonta called the ruling a “major win” for the state, asserting that the administration has no authority to interfere in California’s elections and labeling the fraud claims as baseless attempts to undermine the democratic process. Governor Gavin Newsom described the efforts as assaults on democracy and pledged continued legal resistance.
The legal battle has intensified with the issuance of federal grand jury subpoenas to county election officials, seeking internal communications about handling the administration’s demands. At least three subpoenas have been confirmed in Los Angeles County, where officials including Registrar-Recorder Dean Logan are defendants in the lawsuit. Election worker unions have filed suit against the Department of Justice, accusing it of intimidation and seeking to block threats against workers counting disputed ballots.
Meanwhile, a separate federal case in Washington, D.C., seeks access to the administration’s lists for verification purposes. A judge ordered the Department of Justice to share the data with voting rights groups, though the administration is contesting the order.
The case reflects a high-stakes, complex dispute over election integrity and federal-state relations, unfolding as the U.S. prepares for the crucial midterm elections.