Appeals Court Lets California Count 20,000 Contested Ballots

California election officials will proceed with counting approximately 20,000 mail-in ballots for the November 3 midterm election after the Ninth Circuit Court of Appeals rejected the Trump administration's bid to hold them. The ruling allows voters identified by the federal government as "likely" non-citizens to have their ballots tabulated as usual, a decision that affects how state election workers process incoming mail.

On Monday, the three-judge panel issued a two-to-one decision denying the government's request for an expedited review. The administration had argued that the ballots were sent to individuals who were ineligible to vote due to citizenship status. However, the federal government has not publicly released the methodology used to create this list or the specific evidence determining that these voters lacked citizenship.

Judge Gabriel Sanchez, writing for the majority, stated that the administration did not provide lower courts with adequate time to examine the case. He noted that election administration falls within the state's constitutional domain. Sanchez warned that allowing the federal court to direct state legislative matters would risk creating "disorder and confusion for voters and election officials alike."

The Trump Department of Justice filed the lawsuit against California on October 15, less than three weeks before the general election. The administration sought an immediate injunction from the appeals court, citing the approaching election date. The case remains pending in a lower court, where a hearing is scheduled for Tuesday.

California Secretary of State Shirley Weber's legal team responded to the federal suit in a court filing on October 20. They described the litigation as a "reckless political stunt" at best, and argued that it threatened to disenfranchise thousands of residents. California officials have questioned the administration's identification of 20,000 likely non-citizens, framing the legal action as an effort to interfere with the state's voting process.

This case is one of several legal battles involving the federal government and state election systems. The Justice Department has sued 30 states and Washington, D.C., seeking complete access to voter rolls containing sensitive personal data. The department argues this access is necessary to prevent fraud. To date, the administration has lost 26 of those cases, with opponents successfully arguing that the lawsuits could discourage voter participation.

Experts and voting rights advocates have noted that non-citizen voting is rare in the United States. A July investigation by Reuters found only 129 cases of non-citizens charged with illegal voting by federal authorities since 1996. Many of these instances involved administrative errors rather than fraudulent intent. Last week, the administration charged 28 immigrants in California with illegal voting, though some defendants told the Los Angeles Times they were confused by the charges and believed they had never registered to vote.

The November 3 midterm elections will determine control of the U.S. Congress. The Republican Party currently holds slim majorities in both the House and the Senate. Analysts project that the Democratic Party is positioned to gain seats, potentially flipping one or both chambers. The outcome of the California ballot count will be finalized as part of the state's official results in the coming days.