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- calendar_today October 30, 2026
Federal Appeals Court Denies DOJ Bid Over Alleged Noncitizen Ballots
The 9th U.S. Circuit Court of Appeals has rejected the Justice Department's request to require California to segregate more than 20,000 ballots that the Trump administration contends might have been cast by noncitizens. The decision, issued Friday in a 2-1 ruling, marks the second time in a week that the panel turned down such a request.
Analysis of the Ruling
The majority, comprised of Judges Mark Bennet (a Trump appointee) and Gabriel Sanchez (a Biden nominee), held that the federal government's request for extraordinary relief so close to Election Day was not supported by law or the evidence presented. They echoed the district court's findings that there was no feasible or reliable way to identify and separate the ballots in question without serious risk to the integrity of the entire voting system.
Judicial Opinions and Dissent
Judge Patrick Bumatay, in dissent, argued the government sought only a "modest" intervention to protect California’s longstanding prohibition on noncitizen voting. He stated that California and the federal government should be able to cooperate to enforce these rules and that the court should have permitted the effort to segregate the ballots.
District Court Findings
Prior to the appeals court's decision, U.S. District Judge David Carter rejected the administration's request, stating it violated principles granting states control over their own elections. Judge Carter emphasized that granting such a last-minute request could set a precedent for parties to disrupt elections for political motives. He also found the administration’s methodology for identifying possible noncitizen voters vague and unreliable, referencing similar situations in other states like Nevada where the government's estimates fluctuated and ultimately proved inaccurate.
Background and Methodology Concerns
The administration's lawsuit, filed earlier in October, called for California election officials to isolate over 20,000 ballots believed to be from noncitizens. The district court questioned the credibility of the Department of Homeland Security's supporting data, noting previous figures given for potential noncitizen voters in Nevada were ultimately found to be erroneous after manual reviews. Judge Carter noted the Department previously claimed there were close to 200,000 noncitizens registered in California, a number described as inconsistent and not reliably calculated.
Reactions and Next Steps
The Justice Department did not immediately comment on the ruling or indicate if an emergency appeal to the Supreme Court would follow. Kristen Clarke, general counsel of the NAACP, which defended against the DOJ’s case, said in a statement that the Department sought to "throw out the voices of more than 20,000 Californians without credible evidence and outside the established safeguards that protect voters’ rights." She welcomed the decision as reinforcing that elections must be governed by facts, law, and constitutional principles rather than political interference or voter suppression.
Continuing Developments
This case remains part of broader national debates over voter eligibility, election security, and federal involvement in state-administered elections, particularly in the days leading up to major contests.
Related coverage
Source: nbcnews.com.
