A federal appeals court has rejected the Trump administration’s bid to block California ballots linked to more than 20,000 suspected noncitizens. The October 26, 2026, ruling marks a setback for the Justice Department ahead of the November 3 midterm elections.
The U.S. Court of Appeals for the Ninth Circuit ruled 2-1 against the administration. The majority said the lower court needed more time to review the government’s request.
However, the ruling does not settle the dispute over voter eligibility. The case remains in federal district court.
The lawsuit raises key questions about voting rights and federal power. It also tests the limits of federal action in state elections.
Key Takeaways
- Court rejects Trump’s appeal: The Ninth Circuit said the lower court needed more time to review the request.
- More than 20,000 voters flagged: Federal officials suspected these registered voters were noncitizens. That claim does not prove they lacked U.S. citizenship.
- Justice Department sought ballot limits: The government wanted officials to check citizenship before counting the affected ballots.
- California challenged the list: State officials questioned the data and warned of errors that could affect eligible voters.
- The case continues: The appeals court did not decide whether the flagged voters could legally vote.
Ninth Circuit Rejects Trump’s Emergency Appeal
The three-judge appeals court dismissed the government’s appeal. The district court had not fully reviewed the request for an emergency order.
The Justice Department asked the appeals court to step in after the district judge did not issue an immediate ruling. However, the judge continued to review the case and set a hearing for October 27.
The appeals court said the government had acted too soon. The lower court needed time to review the legal claims first.
In its October 26 order, the Ninth Circuit dismissed the appeal. It also denied the emergency motion as moot. The ruling did not decide the main legal issues in the lawsuit.
Judges Mark J. Bennett and Gabriel P. Sanchez joined the majority. Judge Patrick Bumatay dissented.
Why the Court Rejected the Appeal
The Justice Department argued that California should not count ballots linked to people on its list until officials checked their citizenship.
However, the government appealed before the district court had fully reviewed that request.
The appeals court found a legal problem with this step. It lacked authority to hear the appeal at that stage.
This distinction is important. A court can dismiss an appeal without deciding the main claims in a case.
Justice Department Sought to Restrict California Ballots
The Justice Department filed its lawsuit in Los Angeles on October 15, 2026.
The government asked the court to require California and Los Angeles County to separate the affected mail ballots. Officials would then check the voters’ citizenship before counting them.
Federal officials argued that California had failed to address suspected noncitizens on its voter rolls. However, California challenged the accuracy of the federal data.
The Justice Department used federal records and other data to identify the voters. The case raised questions about the quality of those records and the government’s power to act on them.
The administration also said 28 people on its list had faced criminal charges for illegal voting. However, that number does not prove that everyone on the list voted unlawfully.
The government also had not shown how many of the flagged people had returned mail ballots.
Federal Officials Sought Quick Action
The timing of the lawsuit played a key role in the case.
California had mailed ballots under state election law. Meanwhile, Los Angeles County had started processing mail ballots before the Justice Department filed its lawsuit.
The government sought a quick ruling. It argued that officials might count the ballots before resolving the citizenship questions.
However, the district court set a hearing instead of granting the request at once. The administration appealed before that hearing took place.
The Ninth Circuit then dismissed the appeal because the lower court had not fully reviewed the request.
California Challenges the Federal Voter List
California officials said the federal list contained errors.
They also questioned how federal agencies identified the voters. State officials wanted better evidence to support the government’s claims.
According to the California attorney general’s office, Los Angeles County election officials reviewed 200 names and found several problems.
More than half of the records involved canceled or inactive registrations. Of the records that listed a birthplace, 38.9% named a place in the United States. Also, 71.2% of the people in the sample had no California voting history.
Mendocino County officials reported another concern. The people on the federal list sent to them lived outside the county.
These findings supported California’s challenge to the data. However, a review of selected records cannot confirm the status of every person on the list.
Concerns About Eligible Voters
California warned that bad data could stop eligible citizens from having their ballots counted.
Naturalized U.S. citizens can vote if they meet the legal requirements. However, errors in government records could lead officials to question their status.
Election officials must enforce voting laws while protecting eligible voters.
They also need reliable ways to check citizenship. Officials must confirm that each record refers to the right person and shows accurate information.
These checks matter even more when a lawsuit starts shortly before an election.
Federal Authority and State Election Law
The lawsuit raises a key question: Who controls election rules?
States manage voter registration and ballot counting. However, federal law also sets rules for federal elections. It bars noncitizens from voting in those elections.
The Justice Department argued that California broke federal law. California rejected that claim and challenged the government’s power to impose the proposed limits.
The case goes beyond the accuracy of a voter list. It also asks whether federal officials can force state election offices to act on disputed data.
The Ninth Circuit did not settle that question. Instead, it dismissed the appeal because the lower court had not fully reviewed the request.
Why Emergency Court Orders Matter
A temporary restraining order can require a party to act or stop an action while a case continues.
In election cases, such orders can have quick effects. A ruling just before an election could change how officials handle ballots or protect voters’ rights.
Courts must review the legal grounds for emergency orders. They must also ensure that parties follow the proper steps.
In this case, the Ninth Circuit focused on whether the government could appeal before the district court had fully reviewed its request.
The ruling shows why court procedures matter, even when time is short.
What Happens Next?
The Ninth Circuit’s decision did not end the lawsuit.
The district court set a hearing for October 27, 2026. The judge was due to review the Justice Department’s request and California’s response.
The court could examine the government’s legal claims, the voter data, and the grounds for emergency relief.
However, the appeals court’s ruling does not decide what the district judge must do next.
The government must show that the law supports its request. Meanwhile, California can continue to challenge the evidence and the proposed limits.
The timing matters because the November 3 midterm elections are near. Any new court order could affect election work in the final days before voting ends.
For now, the ruling marks a setback for the Justice Department. It does not prove that everyone on the federal list can vote. Nor does it confirm the accuracy of the government’s data.
Broader Implications for Election Law
The California case is part of the Trump administration’s wider effort to review voter registration records.
The Justice Department has sought voter data from states. It has also filed lawsuits over access to registration records. These actions have sparked disputes over privacy, federal power, and state control of elections.
The California case adds another issue. The government sought limits on ballot counting, not just access to voter records.
For lawyers and election officials, the case highlights five key issues:
- Appeal rights: Courts must confirm they have the power to hear an appeal.
- Emergency orders: Parties must meet legal rules to obtain quick court action.
- Data accuracy: Officials need reliable evidence when they question voter eligibility.
- Federal and state power: Election disputes can test the limits of each level of government.
- Voting rights: Officials must enforce election laws without wrongly blocking eligible citizens.
The case could shape future disputes over voter records and election rules. However, its wider impact will depend on later court decisions.
The October 26 ruling resolved the immediate appeal. It did not settle the full legal dispute.
Frequently Asked Questions
Did the Ninth Circuit rule against the Trump administration?
Yes. On October 26, 2026, the Ninth Circuit dismissed the administration’s emergency appeal. The court said the district judge needed more time to review the request.
Why did the Trump administration want to block California ballots?
The Justice Department wanted officials to separate mail ballots linked to more than 20,000 suspected noncitizens. The government sought citizenship checks before officials counted those ballots.
Did the court decide whether the flagged voters could vote?
No. The court did not decide whether the people on the list were citizens. It ruled on whether the government could appeal at that stage of the case.
How many voters appeared on the federal list?
The Justice Department flagged more than 20,000 registered voters it suspected were noncitizens. California challenged the list’s accuracy. The number does not prove that these voters lacked citizenship or voted unlawfully.
What happens next in the lawsuit?
The case continues in federal district court. The judge scheduled a hearing for October 27, 2026, to review the Justice Department’s request. The court’s next decision could shape the case’s future.
Can noncitizens vote in U.S. federal elections?
No. Federal law bars noncitizens from voting in federal elections. However, officials must use reliable evidence to check a person’s citizenship. A data match alone does not prove that someone voted unlawfully.
Why does this case matter for election law?
The case raises questions about federal power, state election rules, and voting rights. It also shows why courts must review emergency requests carefully and protect eligible voters from errors.
The Bottom Line
The Ninth Circuit rejected the Trump administration’s immediate bid to block the California ballots. However, the court did not end the lawsuit or settle questions about the federal voter list.
The next step depends on the district court’s review of the government’s request and California’s response.
For lawyers and election officials, the case highlights the need for sound evidence and fair court procedures. Further rulings will determine how the dispute develops before and after the November 3 midterm elections.
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Court Rejects Trump Bid to Challenge California Voter Rolls first appeared on
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