9th Circuit rejects Trump bid to block 20,000 California ballots

The 9th Circuit Court of Appeals denied the Trump administration's request to set aside approximately 20,000 mail-in ballots in California. The decision, issued on Monday, allows the state to count those ballots in the upcoming November 3 midterm election. The government had argued that the ballots were sent to individuals who are likely non-citizens.

Judge Gabriel Sanchez, writing for the two-to-one majority, stated that the administration did not provide lower courts with adequate time to examine the matter. The court noted that election administration falls squarely within the state's constitutional responsibilities. Sanchez wrote that asking a federal court to dictate a matter to a state legislature invites disorder and confusion for both voters and officials.

The administration filed its lawsuit on October 15, less than three weeks before the general election. It sought an expedited ruling from the appeals court due to the proximity of the vote. The case remains pending in a lower court, where a hearing is scheduled for Tuesday.

California officials challenged the basis for the government's list of potential non-citizens. The administration has not publicly disclosed how it created that list or determined the eligibility of the voters on it. Lawyers for California Secretary of State Shirley Weber called the litigation a reckless political stunt in a court filing on October 20. They warned that the suit threatened to disenfranchise thousands of Californians.

The Department of Justice has sued 30 states and Washington, DC, for full access to voter rolls. It claims this data is necessary to prevent voter fraud. The department has lost 26 of those cases so far, with no victories to its name. Opponents in those cases argued that such requests could interfere with state election administration and scare away voters.

Experts and voting rights advocates have questioned the prevalence of non-citizen voting. A July investigation by Reuters found only 129 cases of non-citizens charged with illegal voting by federal authorities since 1996. Many of those cases involved administrative errors or confusion rather than fraudulent intent. Immigration agents have been assigned to identify non-citizen voters, including by knocking on doors to inquire about residency status.

Last week, the administration charged 28 immigrants in California with illegal voting. Reporting from the Los Angeles Times indicated that some accused individuals expressed confusion and maintained they had never registered to vote. The midterm elections will determine which party controls Congress, where Republicans currently hold slim majorities in both chambers.