California can keep processing its mail ballots after a federal appeals panel declined to back the Trump administration's bid to hold up as many as 20,000 votes. The Justice Department claims those ballots may have gone to noncitizens, but the dispute remains unresolved.
Here's the catch. The Ninth Circuit voted 2-1 against stepping into the case before a trial judge could review it. The ruling dealt with court procedure, not whether the federal claims were true.
Judges Mark J. Bennett and Gabriel P. Sanchez agreed that federal lawyers had rushed their appeal. Bennett was picked by Trump, while Sanchez was named by former President Joe Biden. Both found that the district court deserved a fair chance to hear the dispute first.
And the timing raised another concern. A court order near an election could disrupt how California handles voting, the judges warned. The Supreme Court has long cautioned federal judges against changing election procedures just before ballots are due.
Patrick J. Bumatay, another Trump appointee, disagreed with his colleagues. He argued that the federal government should have the power to address credible concerns about unlawful voting. His dissent called for greater weight to be given to the allegations.
California officials welcomed the decision, though their legal fight with Washington continues. A district court hearing remains the next step, and neither side has won a final ruling on the claims.
The fight began with a federal claim that up to 190,832 registered Californians might not hold U.S. citizenship. State officials asked for proof and more detail, but they say Washington gave them no reply at that stage.
Later, federal officials sent Los Angeles County a list of about 20,000 names. Only 7,035 entries appeared to belong to that county, with other addresses spread across California. The Justice Department then sought to keep ballots linked to the list out of the count until officials could verify citizenship.
Local election staff had just 48 hours to act on the federal request. They warned that checking each record by hand would pull workers away from preparing the election and could put lawful votes at risk.
Then the first checks raised doubts about the data. A quick look at roughly 3% of the records found that fewer than half were active voters. Most had never cast a vote, and over one-quarter had birthplaces listed within the United States.
Nevada faced a similar dispute. Federal officials first claimed nearly 16,000 people without citizenship had registered there. A shorter list of 185 alleged unlawful voters followed, but state checks found that every person on it was a legal citizen.
The Justice Department maintains that its screening found people who may lack the right to vote. California disputes the quality of that evidence and says valid ballots need protection. The case remains active, with the lower court set to review the government's request.
Here's the catch. The Ninth Circuit voted 2-1 against stepping into the case before a trial judge could review it. The ruling dealt with court procedure, not whether the federal claims were true.
Judges Mark J. Bennett and Gabriel P. Sanchez agreed that federal lawyers had rushed their appeal. Bennett was picked by Trump, while Sanchez was named by former President Joe Biden. Both found that the district court deserved a fair chance to hear the dispute first.
And the timing raised another concern. A court order near an election could disrupt how California handles voting, the judges warned. The Supreme Court has long cautioned federal judges against changing election procedures just before ballots are due.
Patrick J. Bumatay, another Trump appointee, disagreed with his colleagues. He argued that the federal government should have the power to address credible concerns about unlawful voting. His dissent called for greater weight to be given to the allegations.
California officials welcomed the decision, though their legal fight with Washington continues. A district court hearing remains the next step, and neither side has won a final ruling on the claims.
The fight began with a federal claim that up to 190,832 registered Californians might not hold U.S. citizenship. State officials asked for proof and more detail, but they say Washington gave them no reply at that stage.
Later, federal officials sent Los Angeles County a list of about 20,000 names. Only 7,035 entries appeared to belong to that county, with other addresses spread across California. The Justice Department then sought to keep ballots linked to the list out of the count until officials could verify citizenship.
Local election staff had just 48 hours to act on the federal request. They warned that checking each record by hand would pull workers away from preparing the election and could put lawful votes at risk.
Then the first checks raised doubts about the data. A quick look at roughly 3% of the records found that fewer than half were active voters. Most had never cast a vote, and over one-quarter had birthplaces listed within the United States.
Nevada faced a similar dispute. Federal officials first claimed nearly 16,000 people without citizenship had registered there. A shorter list of 185 alleged unlawful voters followed, but state checks found that every person on it was a legal citizen.
The Justice Department maintains that its screening found people who may lack the right to vote. California disputes the quality of that evidence and says valid ballots need protection. The case remains active, with the lower court set to review the government's request.
