9th Circuit Slaps Down Trump Administration Bid to Stall 20,000 California Ballots
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The U.S. 9th Circuit Court of Appeals rejected the Trump administration’s attempt to stop the counting of 20,000 California ballots, reaffirming that election procedures are governed by constitutional authority resting with the state and Congress, not by federal executive overreach.
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 claims may belong to non-citizens. In a 2-1 ruling, the court held that the Constitution gives the state and Congress the power to set election rules, and that federal courts should not twist statutes into a tool for dictating how California handles ballots.
The majority opinion, written by judges Mark J. Bennett and Gabriel P. Sanchez, said Congress has not used its Elections Clause authority to override California’s existing procedures for challenging ballots, and that federal law bars changes to voter lists within 90 days of an election. The panel also raised doubts about the reliability of the administration’s list of suspected non-citizens.
Judge Patrick J. Bumatay dissented, saying the request was a limited remedy meant to keep ballots from citizens and those suspected of being non-citizens from being mixed together, and that it would not cancel any votes.
California Attorney General Rob Bonta said the ruling confirms that the Trump administration has no authority to interfere in the state’s elections, while Governor Gavin Newsom called the effort an “attack on our democracy.”
The decision comes as federal grand-jury subpoenas are being issued to California election officials, demanding emails, texts and other records tied 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 amount to 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.