Tuesday, 27 October 2026

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US appeals court rejects Trump bid to block California ballots

A federal appeals court has refused to sequester roughly 20,000 California mail-in ballots the Trump administration says went to 'likely' non-citizens.

An empty county election office with sorting tables and mail trays in California
A county election office of the kind that processes California's mail-in ballots. Illustration.

A US appeals court has ruled against the Trump administration's attempt to stop California counting roughly 20,000 mail-in ballots in the November 3 midterm elections, Al Jazeera reported. The ballots were sent to people the government describes as "likely" non-citizens — a list whose methodology it has not made public.

In a two-to-one decision on Monday, the 9th US Circuit Court of Appeals declined the government's request to sequester the ballots, saying the administration had not given lower courts enough time to review the case. The majority also stressed that running elections is the state's responsibility under the US Constitution.

Judge Gabriel Sanchez wrote that the administration was asking "the federal court to dictate to a state legislature a matter squarely within the state's traditional domain", and warned that granting the petition would be "inviting disorder and confusion for voters and election officials alike". The lawsuit was filed on October 15, less than three weeks before election day; a lower-court hearing is scheduled for Tuesday.

California officials have disputed the claim that 20,000 ballots went to likely non-citizens. Lawyers for Secretary of State Shirley Weber told the court the litigation was, at best, a reckless political stunt, and at worst a threat to disenfranchise thousands of voters. President Trump, whose Republican Party holds slim majorities in both chambers of Congress, has repeatedly made unfounded claims of "cheating" in the Democrat-led state.

The case sits within a wider campaign. The Department of Justice has sued 30 states and Washington, DC, demanding full voter rolls with sensitive personal data; it has lost 26 of those cases so far and won none. Experts say non-citizen voting — illegal in federal elections in all 50 states — is rare: a Reuters investigation in July found 129 cases of non-citizens charged by federal authorities with illegal voting since 1996, many involving administrative errors rather than intent.

Last week the administration charged 28 immigrants in California with illegally voting, though the Los Angeles Times found some of the accused said they never registered. The next test comes on Tuesday, when the lower court hears the underlying case — one week before polls open.

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