Ninth Circuit declines DOJ's emergency bid to set aside 20,000 California mail ballots (update, Oct. 26, 2026)

Case

On Oct. 26, 2026 a 2-1 Ninth Circuit panel refused the Justice Department's request for an immediate order requiring California to segregate mail ballots tied to about 20,000 voters DOJ suspects are noncitizens, saying it lacked jurisdiction before the district court rules. The majority said the claimed emergency was, in part, self-constructed. A district court hearing was set for Oct. 27; the legal status of the ballots remains unresolved.

The ruling (Oct. 26, 2026)
On Monday, Oct. 26, 2026 a 2-1 Ninth Circuit panel rejected DOJ's request for an immediate order requiring California to segregate mail ballots tied to roughly 20,000 voters the administration says are likely noncitizens.
The panel said the appeals court lacked jurisdiction at this stage and sent the matter back to the district court.
Per Straight Arrow News, Judges Mark Bennett and Gabriel Sanchez formed the majority and Judge Patrick Bumatay dissented, saying he would have granted the emergency request.
Per Straight Arrow News, the majority said the government was partly responsible for its own urgency because of its delay in suing, calling the claimed emergency "self-constructed" in part.
The district court had a hearing set for the afternoon of Tuesday, Oct. 27; the legal status of the flagged ballots remains unresolved.

Related: Washington state request
Straight Arrow News reports DOJ is also asking Washington state to set aside ballots from more than 400 suspected noncitizens and gave it 24 hours to check the list. Secretary of State Steve Hobbs said his office is reviewing it and criticized the timing as meant to cast unfounded suspicion on results.

Perspectives

Official position — Justice Department
DOJ's position is that it identified about 20,000 registered voters it suspects are not citizens and needs the ballots set aside before Election Day. Neil Floyd, acting U.S. attorney in Washington, said of the Washington case that it is "only the tip of the iceberg." Judge Bumatay's dissent would have granted the emergency request.

Defender — California officials
California officials dispute the government's list, saying it includes people who appear to be U.S. citizens. The Ninth Circuit majority's view that DOJ's emergency was partly of its own making supports their argument that the timing is not a reason to bypass the district court.

Research notes
Update to the published Oct. 13-15 entry. Not verified: DOJ's and California's statements on the ruling, and the Oct. 27 hearing outcome.

Note
DOJ says it has identified likely noncitizens on California's rolls; California says the list includes apparent U.S. citizens and it lacks data to verify it.

Sources
[1] ABC News — Appeals court declines to step in on Trump administration's California voting case (https://abcnews.com/Politics/appeals-court-rejects-trump-admins-voting-lawsuit-california/story?id=137586284) · 2026-10-26
[2] Straight Arrow News — Appeals court rejects Trump administration push to set aside 20,000 California mail ballots (https://san.com/cc/appeals-court-rejects-trump-administration-push-to-set-aside-20000-california-mail-ballots/) · 2026-10-26

Connections

Cause and effect — DOJ demands California set aside ballots of alleged noncitizens, then sues (Oct. 13-15, 2026)
Appellate ruling on the emergency request that followed DOJ's Oct. 15 lawsuit.

Same context — Election denial and interference efforts before the Nov. 2026 midterms: pardons, the Tina Peters case, Georgia's federal-intervention letters and National Guard troops near a DC ballot box
Part of federal pressure on state election administration before the midterms.

Same context — Trump offers $1 million reward for voter-fraud reports eight days before the midterms (Oct. 26, 2026)
Both occurred Oct. 26, 2026 in the final stretch before the midterms; SAN reports them together.