Court Reviews Trump Administration’s Emergency Request on California Mail-In Ballots

A federal appeals court examined the Trump administration’s attempt to urge California to set aside thousands of mail-in ballots linked to individuals suspected as noncitizens. This review took place ahead of the midterm elections.

The U.S. Court of Appeals for the Ninth Circuit’s panel of three judges questioned the government’s legal reasoning and whether the court has jurisdiction to act. The arguments, presented by attorneys representing both the Trump administration and California, lasted nearly two hours.

The federal government sought an immediate decision from the panel, citing that hundreds of thousands of California ballots could be counted daily while the matter remains unresolved.

This session followed the Trump administration’s emergency request about around 20,000 mail-in ballots sent to suspected noncitizens.

An official vote-by-mail ballot for a Southern California resident is seen on Oct. 17, 2026, in Los Angeles, California.

The Department of Justice (DOJ) requested California election officials to hold ballots from individuals on its list until their eligibility is confirmed instead of processing them with other votes.

Circuit Judge Mark Bennett, appointed by Trump, expressed concern about the DOJ’s request aligning with the Constitution’s Elections Clause. This clause grants state legislatures the authority to determine the time, place, and manner of congressional elections, subject to congressional regulation.

“You want us to issue an injunction inconsistent with the law adopted under the Elections Clause,” he told DOJ attorney Matthew Donnelly.

Judge Gabriel Sanchez, a Biden appointee, questioned the panel’s involvement before the district court rules on the DOJ’s request. Judge Patrick Bumatay, another Trump appointee, highlighted issues regarding potential noncitizen voting.

The Justice Department sought relief from the appeals court when District Judge David Carter did not rule by a requested deadline. California argued that the Ninth Circuit should wait for the lower court’s decision.

The DOJ initiated the case on Oct. 15, shortly after California began mailing out ballots.

Before the hearing, the Trump administration accused California of mishandling voter rolls. California rejected this claim, arguing it has strong safeguards against noncitizen voting. Los Angeles County reviewed part of the federal list, noting that some listed individuals were born in the U.S. or unregistered to vote.

In a recent filing, California argued that the federal government’s theory contradicts the Constitution. The state contended that the federal government cannot interfere in state election administration without a congressional law.

Over 3 million ballots have already been cast in California, with over 500,000 in Los Angeles County.

The DOJ emphasized the urgency, suggesting every day without a ruling risks adding processed ballots before the citizenship question is resolved. Judge Bennett indicated that the panel would deliver a decision quickly.