A federal appeals court late Monday paused an order that had barred the Justice Department from pressing states to separate or not count ballots cast by alleged non-citizens.
The 9th Circuit’s 2-1 ruling granted the Trump administration a stay pending appeal, with the majority calling the DOJ effort a core executive function that does not disturb states’ control over elections.
The blocked lower-court order had found DOJ demands to California and other officials—backed by threats of prosecution—likely violated the Voting Rights Act’s ban on intimidation of people helping others vote.
Judge Mary Helen Murguia dissented, saying the decision conflicts with the Supreme Court’s refusal earlier Monday to force California to segregate about 20,000 ballots tied to alleged non-citizens.
The ruling lands on the eve of Election Day, after more than 57 million Americans had already voted early and as legal fights intensify over federal pressure on state election procedures.
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Federal Courts Reject DOJ’s Emergency Bid to Segregate 20,000 California Ballots Over Noncitizen Claims
Overview
The Department of Justice demanded that California segregate mail-in ballots from over 20,000 suspected noncitizens, delivering a flawed list to election officials and threatening local workers with subpoenas. Researchers found the list was riddled with errors, including many naturalized citizens, and California had already processed hundreds of thousands of ballots, making segregation impossible. Federal courts, including the Supreme Court, swiftly rejected the DOJ’s requests, citing risks of voter disenfranchisement and disruption. As a result, California continued standard ballot counting, and courts issued orders to protect election staff from federal intimidation, reinforcing state authority over election administration.