9th Circuit Rejects Trump Administration Request to Block 20,000 California Ballots

A three-judge panel of the U.S. 9th Circuit Court of Appeals rejected a request from the Trump administration to block the counting of about 20,000 California mail-in ballots that the administration says may belong to non-citizens. The court ruled 2-1 that the Constitution grants the state and Congress the power to set election rules, and that federal courts should not use statutes to dictate how California processes ballots.

The majority opinion, written by judges Mark J. Bennett and Gabriel P. Sanchez, noted that Congress has not exercised its Elections Clause authority to override California’s existing procedures for challenging ballots, and that any changes to voter lists within 90 days of an election are prohibited by federal law. The panel also questioned the reliability of the administration’s list of suspected non-citizens.

Judge Patrick J. Bumatay dissented, arguing that the request was a modest remedy to prevent mixing ballots of citizens with those of suspected non-citizens and would not cancel any votes.

California Attorney General Rob Bonta said the ruling confirms that the Trump administration lacks authority to interfere in the state’s elections, while Governor Gavin Newsom described the effort as an “attack on our democracy.”

The decision arrives as federal grand-jury subpoenas are being issued to California election officials, demanding emails, texts and other records related to the administration’s demands. Unions representing election workers have filed a lawsuit seeking to block threats of prosecution against officials who process the flagged ballots.

Legal experts note that the 20,000 ballots represent less than one-tenth of one percent of California’s 23 million registered voters, and that documented cases of non-citizen voting are exceedingly rare.