Ninth Circuit Rejects DOJ Effort to Set Aside California Ballots Flagged for Citizenship Review

The Trump administration’s effort to have California set aside thousands of mail ballots for citizenship checks hit a roadblock Monday, when a divided federal appeals court dismissed the Justice Department’s appeal without deciding whether the voters it flagged were noncitizens.

The 2-1 ruling turned on procedure and timing. The majority on the U.S. Court of Appeals for the 9th Circuit, one of the most liberal circuits in the nation, concluded that federal officials had not given the district court enough time to consider their emergency request, leaving the appeals court without jurisdiction. The decision leaves the administration’s requested safeguards on hold as California continues processing ballots ahead of the Nov. 3 midterms, according to CBS News. ---More...

Stunning admission by California during yesterday’s Ninth Circuit hearing. California admitted they do nothing to check the citizenship status of voters and will count the illegal ballots of noncitizens who vote. This is why we’re seeking an emergency order. We cannot allow California to dilute legal votes in the upcoming election. Judge: You agree that if a non-citizen votes and we don’t stop it now, that vote will be counted, correct? California: That’s absolutely correct.

— F.A. United States Attorney Bill Essayli (@USAttyEssayli)October 26, 2026

California admitted they do nothing to check the citizenship status of voters and will count the illegal ballots of noncitizens who vote. This is why we’re seeking an emergency order. We cannot allow California to dilute legal votes in the upcoming election.

Judge: You agree that if a non-citizen votes and we don’t stop it now, that vote will be counted, correct?

California: That’s absolutely correct.

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