Appeals court dismisses DOJ's request to force California to set aside ballots
Updated on: October 26, 2026 / 7:37 PM EDT / CBS News
TL;DR
- The 9th Circuit Court of Appeals dismissed the Justice Department's request to force California to set aside ballots potentially cast by noncitizens.
- The court cited the DOJ's delay in filing the lawsuit, waiting until less than three weeks before the midterm elections, as a self-created emergency.
- Judges faulted the Justice Department for seeking a temporary restraining order when California was already processing ballots.
- Governor Gavin Newsom called the decision a positive development and a "welcome speed bump" to "Trump's disgusting attacks on the Constitution."
- The Justice Department had sought to have ballots from over 20,000 registered voters identified as "likely" noncitizens set aside and their citizenship verified.
- Los Angeles County officials reviewed a sample of the DOJ's list and found many records corresponded to inactive registrations or individuals who had never voted.
- A dissenting judge argued the federal government has a sovereign interest in safeguarding federal elections from noncitizen votes.
- The DOJ could ask the full 9th Circuit to reconsider its appeal.