California voting case stays in district court after appeals court declines Trump administration’s step to separate ballots

Panel rejects emergency request

The appeals court ruled against the Justice Department’s request on Monday. The department sought an order requiring California to segregate roughly 20,000 mail-in ballots tied to people the administration says are likely non-citizens.

Circuit Judges Mark Bennett and Gabriel Sanchez opposed the request. Judge Patrick Bumatay dissented. Bennett and Bumatay were appointed by President Donald Trump, while Sanchez was appointed by President Joe Biden.

Judges question government delay

Bennett and Sanchez wrote that the government had partly created the emergency it cited. They pointed to delays in filing suit, recognizing that California law governed ballot processing, and explaining what relief it wanted.

During a rare Sunday emergency hearing, Bennett questioned whether the appeals court had jurisdiction. He also pressed Justice Department attorney Matthew Donnelly about why the government sought emergency review when a district court hearing was set for Tuesday.

California review raises questions

Los Angeles officials said a preliminary review of 200 names from the list found a “high percentage” of people who said they were born in the United States. Officials also reported that many had no voting history.

In a court filing, officials said nearly 40% of the 200 records indicated U.S. birth, while 71.2% showed no voting history. Donnelly said the Justice Department sought relief after California disclosed that hundreds of thousands of mail-in ballots were already being processed.

Dispute turns on election law

At the hearing, Bennett questioned how a federal criminal statute could override state laws governing elections, especially when both federal and California law prohibit non-citizens from voting. The appeals court’s ruling addressed only the administration’s request for immediate relief. The broader lawsuit remains before the district court.