9th Circuit rejects DOJ emergency bid to block 20,000 California ballots

Key points

• The 9th Circuit Court of Appeals denied the Justice Department's emergency appeal in a 2-1 decision, sending the case back to the district court for a hearing on Tuesday.
• The DOJ had sued California to block the counting of 20,000 mail ballots from individuals it claims are likely noncitizens, a move California officials called legally baseless.
• Federal authorities charged 28 lawful permanent residents in California with fraud related to voter registration or naturalization forms, with some facing up to 10 years in prison.
• Critics note that noncitizen voting is rare and that the DOJ's list included individuals born in the US, while the administration argues it is protecting election integrity.

Background

This dispute follows a 48-hour ultimatum issued by the DOJ in mid-October, demanding California verify the citizenship of 20,000 voters before the November 3 midterms. California rejected the demand, citing data security concerns and a lack of verified evidence. This conflict is part of a broader federal effort to challenge state voter rolls and mail ballot regulations, which has faced legal setbacks in other jurisdictions.

How outlets are covering it

CNN and The Guardian emphasize the procedural failure of the DOJ's emergency appeal, highlighting that the 9th Circuit found the government's claimed emergency to be self-constructed. AP News focuses on the human impact, detailing how many charged individuals were legal permanent residents applying for citizenship who may have inadvertently registered to vote or lied on forms, facing severe penalties. Democracy Docket notes the unusual procedural maneuver of appealing a lack of ruling and highlights that one judge, Mark Bennett, would have denied the request on the merits anyway, citing federal preemption issues. The Guardian quotes California Attorney General Rob Bonta, who accused the DOJ of weaponizing the law, while the DOJ maintains it is protecting voting rights from noncitizen interference.

Why it matters

The ruling preserves California's current election procedures for the upcoming midterms, preventing a last-minute federal intervention that could have disrupted voting for millions. It also highlights the tension between federal and state authority over election administration and the potential for criminal charges against immigrants over minor administrative errors in voter registration.

What to watch

The case will return to the US District Court in California for a hearing on Tuesday. The DOJ has until 7 p.m. PT to appeal the 9th Circuit's decision to the full court or the Supreme Court. Meanwhile, the 28 individuals charged with voter fraud will face criminal proceedings, with some potentially facing deportation or lengthy prison sentences if convicted.