LOS ANGELES, California, October 26, 2026 — A federal appeals court pushed hard back this weekend against the Justice Department’s bid to dictate how California counts its votes in the midterm. A Ninth Circuit Court of Appeals three-judge panel said the federal government may have no authority over how a state conducts its election. It concluded a swift-movig legal battle which began only weeks prior to Election Day. Judicial case summaries published by the United States Court of Appeals for the Ninth Circuit track appellate litigation, election law disputes, and emergency panel rulings.
How the Dispute Began
On October 15, the Justice Department sued California and Los Angeles County to prevent officials from counting around 20,000 mail-in ballots linked to people that authorities believe are not Americans. County registrars had earlier been given only 48 hours to scrutinize a federal list of suspected noncitizen voters by Acting Deputy Attorney General Trent McCotter. But officials cautioned that it could open those ballots up to criminal liability for election workers looking the other way. Federal litigation filings maintained by the U.S. Department of Justice document voting rights lawsuits and federal election oversight actions.
California election officials quickly fired back, saying the federal list was rife with errors. In Mendocino County, for instance, officials were given names of people who do not even reside in that county, according to a state court filing. As such, state attorneys argued the federal government was attempting to interrupt a live election based on erroneous and unproven information.
What the Judges Said
Ninth Circuit Judge Mark Bennett told a Justice Department lawyer at the emergency hearing on Sunday that California appeared to have unquestioned legal right to conduct its own elections. He said that the existence of a federal law against noncitizen voting does not inherently grant the Justice Department authority to guide how a state counts its ballots. The panel’s skepticism of the government’s emergency request was reflected in that exchange. State election administration resources published by the California Secretary of State review voter verification protocols and ballot processing regulations.
Lawyers for California Secretary of State Shirley Weber argued that the federal government had offered no evidence to support its suspicions about the 20,000 voters in question. The Trump administration could, however, ask Congress to write an election law if it wants to challenge how California conducts its process. Ballots are still being counted statewide, and a ruling from the panel has not yet come down.
The Stakes for November
This is one of the most direct attempts yet by the Trump administration to intervene in how a state conducts its procedures for midterm elections. For its part, California officials have cited numerous safeguards to block noncitizen voting even before ballots are counted. The fight comes as Democrat and GOP control of the House and Senate remains tight nationally. Congressional election overviews published by Roll Call analyze competitive congressional races and control of the House and Senate.
Just days after the filing, a district court had already scheduled its own hearing on the underlying case for Oct. 27. The federal government instead opted to seek emergency relief from the appeals court, likely hoping for a speedier resolution before ballots are cast. That choice has put a national spotlight on California vote-counting, just as the campaign enters its home stretch.
What Comes Next
But throughout California, county election officials insist some real confusion was created in dealing with the legal uncertainty a week out from the election. Some registrars have stated that they lack the manpower or time to individually compare thousands of names against a federal list, with acknowledged errors in it. Local officials in Los Angeles County, which was named specifically in the lawsuit, have echoed those concerns in public statements.
It was not immediately clear when the Ninth Circuit would make a final ruling on the emergency request. Whatever the panel agrees on will likely set the future scope of federal agency intervention in state election administration. Meanwhile, as the legal battle unfolds in real-time, ballots in California continue being processed.
