A federal appeals court panel voiced substantial doubt Sunday about a Justice Department push to force California to set aside thousands of mail-in ballots. The Trump administration wants roughly 20,000 votes separated from the count because it suspects the voters may not be citizens, a dispute unfolding just days before the November 3 midterm elections.

What is the DOJ asking for?

The Justice Department sued on October 15 and handed California officials a list of 20,000 names it says are likely noncitizens on the voter rolls. The lawsuit asks a federal judge to order the state to:

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  • Pull aside any ballots received from people on that list.
  • Hold those ballots uncounted until citizenship is confirmed.

California has pushed back, arguing that its election safeguards are strong and that the federal list rests on unreliable data, according to court filings.

Why are the judges skeptical?

Two of the three judges on the 9th U.S. Circuit Court of Appeals panel questioned the timing, the constitutionality and the authority behind the request during a rare weekend hearing. Judge Mark Bennett, a Trump appointee, pointed to the Constitution's Elections Clause, which gives states the power to run elections, and asked how the court could issue an order that conflicts with California law. The panel also pressed whether the appeal was premature, since the district judge has not yet ruled on the request for a temporary order.

What happens next?

Bennett said the panel would decide as quickly as possible. The case is part of a broader administration effort to expand federal involvement in elections before the midterms, which will decide control of Congress. The administration has warned California election officials they could face federal scrutiny if they do not help identify suspected noncitizens. Evidence of illegal voting by noncitizens is extremely rare; a Reuters review this year found 129 federal cases, many traced to confusion or administrative mistakes rather than deliberate fraud.

FAQ

How many ballots does the government want set aside?

About 20,000 mail-in ballots tied to names on a federal list of suspected noncitizens.

When will the court rule?

No date was set, but the panel said it would try to issue a decision as soon as possible.