Appeals court denies DOJ request to block California mail in ballots

What This is

• The Justice Department sought an emergency order to make California set aside or stop counting about 20,000 mail ballots tied to voters it says are likely noncitizens.
• A three-judge panel of the 9th Circuit denied the DOJ request, saying it was too soon to intervene before the district court had fully considered the case.
• The appeals court said it lacked jurisdiction to grant the emergency relief at that stage of the case.
• Judges pressed the DOJ on whether it had legal authority and whether the appeals court even had jurisdiction to act at that stage of the case.
• Some judges also questioned the timing, noting the DOJ sought emergency relief close to the election after delays in pursuing the dispute.
• California officials argued the federal list is unreliable and that separating or pausing ballots could wrongly block eligible voters from having their votes counted.
• Federal prosecutors also sent letters to at least 18 California counties demanding they identify, set aside, and verify ballots tied to people on the federal list within 48 hours.
• A federal district judge in Los Angeles heard the DOJ request and signaled he was unlikely to order immediate relief while setting further hearings and a near-term ruling.
• The California fight is part of a broader DOJ push to play a larger role in how states handle suspected noncitizen registration and voting, including similar demands made to Washington state election officials.

Why This Matters

• It shapes how far the federal government can go in directing how states run elections.
• It affects public trust because claims about noncitizen voting can spread doubt even when evidence is disputed.
• It tests how courts balance stopping ineligible voting against the risk of wrongly throwing out eligible voters’ ballots.
• It highlights how late legal actions and short deadlines can strain election offices and increase the chance of mistakes.