Appeals court again rejects DOJ bid to segregate 20,000 California ballots over citizenship claims

A 9th U.S. Circuit Court of Appeals panel rejected a U.S. Justice Department request on October 30, 2026 to compel California to set aside 20,000 midterm ballots cast by alleged noncitizens. Judges Mark J. Bennett and Gabriel P. Sanchez cited severe risks of voter disenfranchisement, while Judge Patrick J. Bumatay dissented. Concurrently, a federal judge barred the Justice Department from intimidating election workers, while federal prosecutors issued grand jury subpoenas to Los Angeles election officials.

9Th Circuit rejects ballot segregation bid

• ▪U.S. Circuit Judge Patrick J. Bumatay dissented from the 9th Circuit's October 30, 2026 ruling on California's ballots, arguing California's refusal to segregate ballots undermines election integrity and federal law
• ▪A 2-1 panel of the 9th U.S. Circuit Court of Appeals on October 30, 2026 rejected the U.S. Justice Department's request to force California to segregate 20,000 mail ballots
• ▪The 9th Circuit majority concluded that attempting to segregate specific California mail ballots once processing begins presents a material risk of disenfranchising eligible U.S. citizens

DOJ lawsuit and initial district court ruling

• ▪U.S. District Judge David O. Carter denied the U.S. Justice Department's request for a temporary restraining order on October 28, 2026, ruling that state election control is constitutionally protected
• ▪The U.S. Justice Department filed a lawsuit seeking to compel California to isolate mail ballots from 20,000 registered voters alleged to be noncitizens

Judge David Carter's rulings

• ▪U.S. District Judge David O. Carter suggested that the federal government could criminally prosecute any individuals proven to have voted fraudulently rather than disrupting state election procedures
• ▪U.S. District Judge David O. Carter appointed a special master to investigate federal allegations regarding noncitizen voting in California's midterm election

Court orders disclosure of federal voter list

• ▪The Coalition for Humane Immigrant Rights and UCLA Voting Rights Project sued the Department of Homeland Security in October 2026, alleging federal data mistakenly includes U.S. citizens
• ▪A federal judge ordered the federal government to share its list of 20,000 alleged noncitizens with the Coalition for Humane Immigrant Rights and UCLA Voting Rights Project

Los Angeles County subpoenas

• ▪Federal prosecutors issued grand jury subpoenas ordering at least three Los Angeles County election officials to appear on November 4, 2026, the day after the midterm election
• ▪Los Angeles County Registrar-Recorder Dean Logan publicly criticized the Justice Department's subpoenas to Los Angeles election officials, stating that election workers followed the law and that federal intimidation of election workers has no place in elections

Protection for election workers

• ▪U.S. District Judge Trina L. Thompson issued an emergency order barring the U.S. Justice Department from threatening or coercing election workers processing California ballots
• ▪Labor unions including the AFL-CIO and AFSCME filed a lawsuit requesting federal court intervention to protect election workers from Justice Department intimidation and prosecution threats

Nevada noncitizen voting claims

• ▪Before narrowing its Nevada noncitizen list to 185 individuals, the U.S. Justice Department had previously reduced its initial claim of 15,903 registered noncitizens down to 6,218
• ▪The U.S. Justice Department previously claimed Nevada had 15,903 registered noncitizens but reduced the 15,903 figure to 185, all of whom Nevada officials confirmed were U.S. citizens