Appeals court deals DOJ a blow in California ballot fight

Josephine Walker

In this photo illustration, a detail of an official vote by mail ballot and return envelope, as well as a general election official voter information guide, mailed to a Southern California resident ahead of the general election, photographed on October 17, 2026 in Los Angeles, California. — Photo illustration of a detail of an official vote by mail ballot and return envelope, as well as a general election official voter information guide, photographed on October 17, 2026. Photo: Jay L Clendenin/Getty Images

A federal appeals court rejected the Justice Department's emergency bid to set aside mail ballots tied to more than 20,000 California voters the Trump administration suspects are noncitizens.

Why it matters: The 2–1 ruling leaves California's election procedures intact just days before the midterms, with the judges citing doubts about the DOJ's voter list and the risk of disenfranchising eligible voters.

The ruling is a major setback for a DOJ that has doubled down on unsubstantiated claims of widespread voter fraud in the Golden State.

What they're saying: The majority cited the lower court's finding that the DOJ's process for identifying suspected noncitizens was "not credible," undermining its claims.

"Granting [the United States]'s request would provoke catastrophic change, upending the administration of the election," it wrote, quoting the district court's finding.
"There is a material risk that granting the United States its requested relief would result in disenfranchisement and could jeopardize [Los Angeles] County's entire election."

The other side: Ninth U.S. Circuit Judge Patrick Bumatay dissented, arguing that counting votes from noncitizens dilutes the power of citizens.

"The federal government proposes a modest remedy—stopping California from mixing the ballots of citizens and suspected noncitizens. This solution would not cancel any vote but would allow time to verify the eligibility of suspected noncitizens."
The White House and the Justice Department did not immediately respond to Axios' request for comment.

Catch up quick: The DOJ sued California in mid October for refusing to segregate the ballots it asserted were sent to noncitizens.

A district court denied the request for an injunction, deciding that the federal law the DOJ was relying on to bring the suit did not supersede existing state law.
The Trump administration appealed, leading to Friday's decision. The administration can now appeal again to the Supreme Court.

Zoom out: Trump has continued to make false claims of widespread voter fraud throughout the year, which some election officials and voting rights groups argue could undermine trust in America's elections.

Trump reacted to the district court's decision to reject the DOJ's arguments Thursday morning, claiming if elections in California "were honest," with an "honest vote count," he would have won the state "by a lot" when he ran for president.
Trump provided no evidence for the claim.

Editor's note: This is a breaking news story and will be updated.

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Appeals court deals DOJ a blow in California ballot fight

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