Ninth Circuit Blocks Vote Audit: California Keeps 20,000 Ballots

A federal appeals court rejected the Trump administration's latest effort to force California to set aside more than 20,000 ballots on Friday. The ruling preserves the votes cast by individuals the government alleges may not be U.S. citizens. This decision marks the second time in one week that the Ninth Circuit Court of Appeals has denied an emergency request from the executive branch in this dispute.

A three-judge panel issued the verdict with a two-to-one split. The majority opinion stated that the United States failed to demonstrate, as required by law, that such an extraordinary measure during an active electoral process was clearly necessary. The judges emphasized that the district court found no viable method to identify and separate specific ballots without causing potentially catastrophic effects on the entire voting system.

Judge Patrick Bumatay, who was appointed by Trump, wrote a dissenting opinion. He described the proposed action as a moderate corrective measure. Bumatay argued that the federal government and states can collaborate effectively. He noted that California long ago decided that non-citizens cannot vote in its elections. According to the dissent, the federal government was simply seeking to safeguard that state decision, and the courts should have permitted the attempt.

The majority consisted of Judge Mark Bennet, also a Trump appointee, and Judge Gabriel Sánchez, a Biden appointee. Their decision followed a lower court ruling issued on Wednesday. District Judge David Carter had previously determined that the government's request violated long-standing constitutional principles. Those principles establish that states retain control over their own electoral processes.

Judge Carter warned that granting a last-minute request for preliminary injunctions could allow any party to create political chaos. He argued such actions would serve to disturb the electoral process rather than stabilize it. Carter also questioned the methodology the government used to compile its list of names. He pointed out that the Department of Homeland Security had claimed in July that the number of non-citizens registered to vote in California was closer to 200,000, not the 20,000 cited in the lawsuit.

The district judge noted a lack of reliability in similar claims made in other states. He referenced a case in Nevada where the government initially claimed 15,903 non-citizens were registered to vote. After a manual review, that figure dropped to 6,218, and later to 185. Nevada authorities eventually confirmed that all 185 individuals were actual citizens. Carter wrote that the court could not conclude the plaintiff's process was credible given the vagueness of their procedures.

The appeals court also rejected the government's argument that emergency intervention was required. The judges characterized the situation as, at least in part, a self-generated crisis. They noted that the government waited until too close to the election date to intervene. This timing contributed to the urgency of the legal maneuvering.

The Department of Justice did not respond immediately to a request for comment on the ruling. It has not clarified whether it plans to file an emergency petition with the Supreme Court. Kristen Clarke, the general counsel for the NAACP, which participated in the defense of the case, commented on the outcome. She stated that the Justice Department attempted to silence the voices of more than 20,000 Californians without presenting credible evidence.

Clarke added that the department bypassed established safeguards designed to protect voter rights. She said the decision sends a clear message that elections must be governed by facts, law, and constitutional principles. She argued the process should not be driven by political interference or measures intended to suppress the vote. The ruling leaves the 20,000 ballots in the count as the election proceeds.