Court allows California to count 20,000 ballots

The 9th US Circuit Court of Appeals ruled on Monday that California may proceed with counting approximately 20,000 mail-in ballots scheduled for the November 3 midterm election. The decision denies the Trump administration's request to sequester the votes while a lower court reviews their validity. This ruling allows the state to include these specific ballots in the final tally for the upcoming congressional race.

The federal government argued that the ballots were mailed to individuals who are likely non-citizens. The administration filed its lawsuit on October 15, less than three weeks before Election Day. However, officials have not disclosed the specific methodology used to identify these voters or determine their citizenship status. The case is currently under review by a lower court, with a hearing set for Tuesday.

Judge Gabriel Sanchez, writing for the two-to-one majority, stated that the administration had not provided lower courts sufficient time to review the matter. He emphasized that election administration is a state responsibility under the US Constitution. Sanchez warned that granting the petition would invite disorder and confusion for both voters and election officials. He noted the request asked a federal court to dictate matters squarely within the state's traditional domain.

California is a Democrat-led state where the administration has repeatedly questioned election integrity. Lawyers for California Secretary of State Shirley Weber called the lawsuit a reckless political stunt in a court filing on October 20. They argued the litigation threatens to disenfranchise thousands of residents. Weber’s team framed the legal action as an effort to interfere with the voting process in a state currently led by Democrats.

The midterm elections will determine which party holds power in Congress. Republicans currently hold slim majorities in both the House and Senate, but experts project Democrats may flip one or both chambers. In the lead-up to the vote, Trump has raised the prospect of non-citizen voting as a threat to election integrity. Despite these claims, experts describe such voting as rare, and California officials have cast doubt on the administration's list of 20,000 likely non-citizens.

The Justice Department has sued 30 states and Washington, DC, for access to voter rolls containing sensitive personal data. The department argues this access is necessary to prevent alleged fraud. It has lost 26 of those cases so far, with opponents arguing the moves could scare away voters. The administration has yet to win any of the 30 suits. A Reuters investigation in July found only 129 cases of noncitizens being charged with illegal voting by federal authorities since 1996. Many of those cases involved administrative errors rather than fraudulent intent.

Last week, the administration charged 28 immigrants in California with illegally voting. Reporting by the Los Angeles Times indicated some accused individuals were confused by the charges and maintained they never registered to vote. Immigration agents have been assigned to identify non-citizen voters, sometimes knocking on doors to inquire about residency status. This legal effort fits a broader pattern of federal intervention in state voting processes that Trump has promoted to justify greater oversight.