20,000 California ballots clear hurdle as Trump loses bid to freeze votes

The 9th Circuit Court of Appeals ruled against the Trump administration on Monday.

The court denied a government request to sequester approximately 20,000 mailed ballots. These ballots are set to be counted in the November 3 midterm election. The administration sought to block their inclusion based on citizenship status.

The Trump administration argued that the ballots were sent to individuals who are likely non-citizens. However, the government has not publicly explained how it created the list of voters or determined their ineligibility. The administration filed the lawsuit against California on October 15, less than three weeks before the election.

In a 2-1 decision, the appeals court found that the government did not give lower courts sufficient time to review the case. Judge Gabriel Sanchez wrote that the federal court should not dictate matters within a state's traditional domain to a state legislature. He warned that granting the petition would invite disorder and confusion for voters and election officials.

The case remains active in a lower court, with a hearing scheduled for Tuesday. The Trump administration sought an expedited decision from the appeals court due to the approaching election date. California is a Democratic-led state, and officials have challenged the administration's claims. Lawyers for Secretary of State Shirley Weber called the litigation a reckless political stunt in a court filing on October 20.

The Department of Justice has sued 30 states and Washington, DC, for access to voter rolls. The department has lost 26 of those cases so far. It has not won any of the 30 suits. Experts note that non-citizen voting is rare, with Reuters finding only 129 federal charges for illegal voting by non-citizens since 1996. Many of those cases involved administrative errors rather than fraudulent intent.

The administration recently charged 28 immigrants in California with illegally voting. Reporting from the Los Angeles Times indicated that some accused individuals maintained they never registered to vote. This legal battle occurs as the Republican Party holds slim majorities in both chambers of Congress. Democrats are projected to make gains in the upcoming midterm elections.