Courts Reject DOJ's Efforts to Disqualify California Ballots and Demand Voter Lists

Key points

• A Ninth Circuit Court of Appeals panel denied the DOJ's request to stop California from counting mail-in ballots from 20,000 individuals alleged to be noncitizens, citing a material risk of disenfranchisement.
• Judge James Boasberg ordered the Trump administration to hand over a list of alleged noncitizen voters, a move that follows earlier orders requiring the disclosure of all states targeted by similar federal demands.
• The DOJ's legal strategy relies on claims of widespread voter fraud, but courts have found the data used to identify these voters to be flawed and not credible.
• The administration is now seeking to appeal the California ruling to the Supreme Court, while the White House has refused to comment on the court's rejection of its arguments.

Background

This legal battle escalates a dispute that began in mid-October when the DOJ sued California over its refusal to segregate ballots. Previous coverage highlighted the administration's threats against local election workers and its broader campaign to challenge voter eligibility in multiple states. The current rulings represent a judicial pushback against these efforts, which critics argue are based on unsubstantiated claims and aim to intimidate voters.

How outlets are covering it

The New York Times frames the DOJ's actions as part of a broader 'structural advantage' strategy in a contentious midterm campaign, noting that the administration is turning to courts after struggling to maintain a political edge in red states. The Times also highlights the administration's expansion of investigations into Alaska and California. In contrast, the Ninth Circuit panel, as reported by Axios, explicitly rejected the DOJ's claims, stating that the agency's process for identifying noncitizens was 'not credible' and that granting the request would 'provoke catastrophic change.' While the DOJ argues that counting these votes dilutes the power of citizens, the courts emphasize the risk of disenfranchising lawful voters. NBC News notes that election officials have flagged many of the individuals on the DOJ's list as U.S. citizens, further undermining the administration's claims.

Why it matters

These rulings are critical for the integrity of the 2026 midterm elections. If the DOJ's claims were to succeed, it could lead to the disenfranchisement of thousands of voters and undermine public trust in the electoral process. The judicial rejection of the DOJ's data and demands sets a precedent that may limit the administration's ability to use the courts to challenge voter eligibility in other states. The outcome of these legal battles could have significant implications for the control of Congress and the broader political landscape.

What to watch

The Trump administration is expected to appeal the Ninth Circuit's decision to the Supreme Court. The outcome of this appeal will be crucial in determining whether the DOJ can continue its efforts to challenge voter eligibility in California and other states. Additionally, the administration's compliance with Judge Boasberg's order to disclose the list of alleged noncitizen voters will be closely monitored by election officials and voting rights groups. The midterm elections are scheduled for Tuesday, and the legal disputes are likely to continue into the voting period.