A federal appeals court on Monday denied an emergency request from the U.S. Justice Department to prevent California election officials from counting approximately 20,000 ballots from voters whose citizenship has been questioned by the Trump administration. The decision came from a three-judge panel of the U.S. 9th Circuit Court of Appeals, consisting of two judges appointed by Trump and one appointed by Biden.
The court ruled it lacked jurisdiction to intervene because a lower district court had yet to issue a ruling. However, two of the judges emphasized that they would have denied the Trump administration’s request even if they had jurisdiction. The panel noted that the appeal from the Trump administration followed a failure to give the district court adequate opportunity to consider its request for a temporary restraining order.
The court described the “emergency” asserted by the Trump administration as partially “self-constructed” and noted that delays in the district court proceedings were, in part, due to the administration’s own tardiness in filing suit and its misunderstanding of relevant California election laws.
Judge Gabriel P. Sanchez wrote that federal law would not permit the court to compel California’s electoral officials, especially so close to an election. He said, “The proposed injunction would transform California’s election rules for an election that is already underway and would cause widespread confusion among voters and election officials.”
Judge Mark J. Bennett concurred, adding that granting the request could lead to significant hardship for the state and risk disenfranchising eligible voters. He stated that the Trump administration did not provide a viable plan for implementing its proposed actions without potentially catastrophic consequences.
Judge Patrick J. Bumatay dissented, arguing that the Trump administration had the right to intervene and that the appellate court could have acted to prevent the state from processing ballots from individuals whose citizenship was unverified. He maintained that the federal government has a vested interest in maintaining the integrity of elections.
The ruling allows a scheduled hearing in the lower court to proceed, set for Tuesday afternoon before U.S. District Judge David O. Carter in Los Angeles. Previously, Judge Carter rejected a request from the Trump administration to access California’s full voter rolls, labeling it unlawful.
The key issue in Tuesday’s hearing will be whether to halt the processing and tabulation of the contested ballots until proof of citizenship can be provided for those voters. The Trump administration claims it faces irreparable harm from the ongoing counting of these ballots, while California officials argue that the demands are impractical and potentially unconstitutional.
Over 3 million ballots have already been cast for the upcoming midterm elections on November 3, with more than 500,000 of those from Los Angeles County. The court’s recent decision reflects ongoing tensions surrounding the administration’s requests and California’s legal authority in regulating its election processes.
