Federal court allows 20,000 California ballots to stand in second ruling

A federal appeals court ruled on Friday that 20,000 California ballots from voters the Trump administration claims are noncitizens will proceed to counting. The U.S. 9th Circuit Court of Appeals denied the administration's request for a stay, marking the second time the court has blocked the federal government from halting these specific ballots during the 2026 general election.

The three-judge panel, which includes two Trump appointees and one Biden appointee, voted 2-1 to uphold the lower court's decision. The majority opinion stated that the administration failed to prove that extraordinary relief was clearly required during an ongoing election. The judges determined that the Constitution grants power to states and Congress to manage elections, and that allowing the federal government to use statutes to dictate California's ballot processing would override the Constitution's clear directives.

The ruling follows a district court finding that questioned the reliability of the administration's list of purported noncitizens. The 9th Circuit panel noted that federal law establishes a 90-day quiet period before elections for sweeping changes to voter lists. The majority argued that the suspect reliability of the data highlighted the need for this buffer zone.

The majority opinion, written by judges Mark J. Bennett and Gabriel P. Sanchez, addressed the federal government's desire for different procedures for mail-in ballots. "If the United States believes different procedures are necessary for vote-by-mail ballots, we believe it should take that suggestion to Congress, not the courts," the judges wrote.

Judge Patrick J. Bumatay, the dissenting Trump appointee, argued that the majority denied a reasonable request. He stated that the federal government's remedy was modest and would not cancel any votes. "This solution would not cancel any vote but would allow time to verify the eligibility of suspected noncitizens," Bumatay wrote. He contended that the courts were denying the administration a basic tool to ensure only citizens vote.

The decision comes as federal prosecutors issued criminal grand jury subpoenas to three Los Angeles County election officials. The subpoenas demand that these officials appear in court the day after the election. The 9th Circuit's ruling leaves California's statutory scheme for challenging ballots and removing ineligible voters as the sole method for handling these cases, as Congress has not yet exercised its power to override state laws in this specific area.

The court's order means the 20,000 ballots will be processed under existing state protocols. The administration retains the option to seek further review, but the immediate halt requested on Friday was not granted. The panel's decision reinforces the division between federal and state authority over election administration in the current legal framework.