Appeals Court Again Rejects Justice Department Bid to Set Aside 20,000 California Ballots

What happened

On Friday a divided federal appeals panel refused to make California hold back a set of midterm ballots the Justice Department had targeted, ruling 2-1 ^[4][1][2][3]. The government says roughly 20,000 of the people sent ballots may lack U.S. citizenship, and it wanted those ballots kept apart pending a check ^[1][2]. State officials dispute the accuracy of that list ^[1][2].

The majority, Judges Mark Bennett and Gabriel Sanchez, found "no feasible way to identify and segregate the ballots of specific individuals without potentially catastrophic effects on the entire system" ^[4][1][2][3]. Judge Patrick J. Bumatay dissented ^[4][1][2][3].

How it affects Americans

The fight pits federal enforcement of the ban on noncitizen voting against a state's control of its own count, with the midterms ending Tuesday ^[1][2]. A department spokesperson said, "Federal law prohibits noncitizens from voting. Enforcing that law is not an agenda item. It is the Department's job." ^[1]. Hundreds of thousands of ballots have already been processed, and election officials say processed votes can't be matched back to the voters who submitted them ^[1][2].

The Veil Press view

Both sides make a serious point: every ineligible vote dilutes a lawful one, and pulling ballots at the last minute risks disenfranchising citizens ^[1][3]. Bumatay wrote that the government "merely seeks to safeguard" California's own rule barring noncitizens from its elections ^[4][3]. The majority held the government had not shown such relief was clearly required during an ongoing election ^[4][3]. A credible, transparent list would help settle the question on the evidence ^[1][2].

What we know

Confirmed

• A 9th Circuit panel ruled 2-1 against the Justice Department's request ^[4][1][2][3].
• The administration alleges ballots went to some 20,000 possible noncitizens ^[4][1][2][3].
• The majority was Judges Mark Bennett and Gabriel Sanchez; Bumatay dissented ^[4][1][2][3].
• A district court judge had already denied the request ^[4][1][2][3].

Still being reported

• Department lawyers have said before that they plan to take the case to the Supreme Court ^[1].
• The panel has reportedly now turned the administration down twice in this case in seven days ^[3].
• At least three Los Angeles County election officials have been asked to appear before a grand jury the day after the election ^[1][2].
• A department spokesperson, Kiersten V. Pels, wrote: "Every ballot cast by an ineligible voter cancels out the vote of an American citizen." ^[1].