Court allows California to count 20,000 mail ballots before midterms

The 9th Circuit Court of Appeals ruled on Monday that California may count approximately 20,000 mail-in ballots for the November 3 midterm election. The decision denied a request by the Trump administration to sequester the votes, allowing the state to proceed with tabulation as planned.

The federal government argued that the ballots were sent to individuals who are likely non-citizens. However, the administration has not publicly detailed how it created the list or determined that the identified voters lacked citizenship. In a two-to-one decision, the majority found that the government did not provide lower courts adequate time to review the case before the election date.

Judge Gabriel Sanchez, writing for the majority, emphasized that election administration falls within the state's traditional domain under the US Constitution. He warned that federal intervention would dictate matters to the state legislature and invite disorder for both voters and election officials.

The administration filed its lawsuit on October 15, less than three weeks before the vote. It sought an expedited ruling due to the looming election. The midterm contests will determine which party controls Congress. Republicans currently hold slim majorities in both chambers, while experts project Democrats may gain seats.

California Secretary of State Shirley Weber's lawyers called the litigation a reckless political stunt in a court filing on October 20. They argued that the case threatens to disenfranchise thousands of Californians. California officials have questioned the administration's claim regarding the 20,000 ballots, framing the suit as an interference in the voting process.

The Department of Justice has sued 30 states and Washington, DC, seeking access to voter rolls to prevent alleged fraud. The department has lost 26 of those cases so far. A hearing in the lower court is scheduled for Tuesday.

A Reuters investigation in July found only 129 cases of non-citizens charged with illegal voting by federal authorities since 1996. Many involved administrative errors rather than fraudulent intent. Last week, the administration charged 28 immigrants in California with illegally voting, though some accused maintained they never registered.