Federal Appeals Court Reviews Trump Administration’s Ballot Challenge in California

On Sunday, a federal appeals court closely examined the Trump administration’s emergency initiative to compel California to set aside a significant number of mail-in ballots that are associated with individuals the Justice Department believes to be noncitizens, as the midterm elections approach.

A three-judge panel from the U.S. Court of Appeals for the Ninth Circuit expressed skepticism regarding the legal arguments presented by the government and questioned the court’s jurisdiction to act in this matter. This discussion unfolded during nearly two hours of hearing where attorneys from both the Trump administration and California presented their positions.

The federal government urged the panel to issue an immediate ruling, asserting that hundreds of thousands of ballots in California could be counted daily while the issue is left unresolved.

The current hearing follows the Trump administration’s emergency request concerning approximately 20,000 mail-in ballots sent to individuals believed to be noncitizens.

The Justice Department insists that California’s election officials should hold onto the ballots linked to these individuals while their eligibility is verified, instead of allowing these ballots to be counted with others.

Judge Mark Bennett, appointed by Trump, raised concerns about whether the injunction sought by the administration could align with the Constitution’s Elections Clause. This clause gives state legislatures the authority to manage the timing, placement, and methods of conducting congressional elections, while still allowing for congressional oversight.

“It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause,” he commented to Justice Department attorney Matthew Donnelly.

The panel also questioned whether they even have the authority to intervene at this stage, with Judge Gabriel Sanchez, a Biden appointee, asking why the Ninth Circuit should step in given that the district court has yet to make an official ruling on the Justice Department’s plea, with a hearing scheduled before U.S. District Judge David Carter for Tuesday.

Judge Patrick Bumatay, another Trump appointee, leaned more into the government’s concerns about the threat of noncitizen voting and scrutinized how California addresses challenges regarding allegedly ineligible voters.

The Justice Department sought urgent relief from the appeals court after a deadline for a ruling set by them was not met by Judge Carter.

California, on its part, argues that the Ninth Circuit should refrain from acting until the lower court has made a determination.

The Justice Department had originally filed this suit on October 15, which was about two weeks after California began distributing mail-in ballots.

Before the arguments began, the Trump administration claimed that California has a track record of “mishandling voter rolls.” In response, California has contested the federal government’s underlying data while asserting that it upholds strong measures against noncitizen voting. Officials in Los Angeles County mentioned finding apparent errors in the federal list, highlighting individuals born in the U.S. or those not on the voter registration list. In a recent filing, California argued that the federal theory would “upend the Constitution.”

“When it comes to election administration, the federal government has no authority to interfere with the States unless Congress enacts a law governing the timing, placement, or methods of elections,” the state maintained.

According to figures cited in the case, over 3 million ballots have been cast throughout the state, with more than 500,000 in Los Angeles County alone.

The Justice Department stressed the urgency of its request, suggesting that each day without a ruling permits additional ballots to be counted before the citizenship issue is settled.

Judge Bennett stated that the three-judge panel would strive to deliver its ruling promptly.