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Appeals Court Rejects Trump DOJ Bid to Set Aside 20,000 CA Ballots

newsOct 27, 2026202,567

A federal appeals court on Monday rejected the Trump Justice Department’s emergency request to force California to set aside about 20,000 mail‑in ballots the DOJ says may belong to likely noncitizens. A three‑judge panel of the 9th U.S. Circuit Court of Appeals issued a 2‑1 ruling that it lacked authority to resolve the case before the U.S. District Court had addressed it, sending the matter back to the district court where a hearing is scheduled Tuesday at 4 p.m. ET. Judges Mark Bennett, a Trump appointee, and Gabriel Sanchez, a Biden appointee, formed the majority and wrote that the DOJ’s claimed emergency was in part “self‑constructed” by its own delay in filing suit and seeking relief. Bennett added in a concurring opinion that, even on the merits, he would rule against the DOJ, saying federal law does not preempt state authority over election administration and that the DOJ’s requested relief risked disenfranchising eligible voters. Judge Patrick Bumatay, a Trump appointee, dissented. California Attorney General Rob Bonta praised the order as protecting Californians’ right to vote and the state’s authority to run elections.

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