Appeals court rejects DOJ effort to set aside 20,000 mail-in ballots, teeing up Supreme Court gambit

As of October 30, 2026, a federal appeals court in California rejected the Justice Department's latest bid to force the state to set aside over 20,000 mail-in ballots from individuals suspected of being noncitizens, just days before the midterm elections. The department initially sued California on October 15, alleging that these individuals were unlawfully registered to vote and sought a court order to prevent their ballots from being counted until citizenship status was verified.

The Justice Department had sent Los Angeles County officials a list of suspected noncitizen voters via a password-protected thumb drive, demanding they confirm the citizenship status of anyone on this list. However, California officials refused to comply with the request, arguing that it lacked credible evidence and could disenfranchise eligible voters. The appeals court’s rejection marks the second time in less than a week that such efforts have been denied.

This legal battle has raised concerns about voter suppression tactics and the politicization of election integrity measures, particularly as criticism mounts against the Justice Department's handling of these allegations. California officials, including Governor Gavin Newsom, argue that this move is an attempt to undermine public confidence in the electoral process ahead of the elections.