A divided three-judge panel of the 9th U.S. Circuit Court of Appeals has turned down an emergency motion by the Justice Department aimed at compelling California election administrators to segregate approximately 20,000 mail ballots. Federal prosecutors had petitioned the court to intervene, arguing that registration irregularities could indicate noncitizen participation. The appellate majority found that the government failed to substantiate its claims with credible evidence that would warrant disenfranchising eligible voters or altering state election processes.
State election officials defended their verification procedures, emphasizing that California maintains robust statutory safeguards to confirm voter eligibility and citizenship status before processing returned mail ballots. Attorneys representing voting rights organizations argued that the federal request risked creating administrative disruption and casting undue doubt on lawful votes. The court cited established judicial doctrine discouraging abrupt federal interference in state voting administration on the eve of election deadlines. The ruling allows local registrar offices across the state to continue verifying and tallying ballots without imposing specialized segregation mandates.
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Sources:
https://www.cnn.com/2026/10/26/politics/california-mail-ballot-noncitizen-appeals-court-rejects