Ninth Circuit lets 20,000 California votes count

Approximately 20,000 mail-in ballots in California will proceed to the counting phase without federal intervention, following a ruling by the 9th US Circuit Court of Appeals on Monday. The decision denies the Trump administration's request to sequester the ballots before the November 3 midterm election. This outcome allows state officials to include these votes in the final tally for the races deciding control of Congress.

The administration filed its lawsuit on October 15, less than three weeks before the vote. The Justice Department asserted that the ballots were sent to individuals who are "likely" non-citizens. The government has not publicly explained the methodology used to compile this list or to determine that the named individuals were ineligible based on citizenship status. The case remains before a lower court, with a hearing scheduled for Tuesday.

A three-judge panel split two to one in denying the government's request for a faster ruling. The majority opinion stated that the administration had not provided lower courts sufficient time to review the case properly. The judges emphasized that the US Constitution assigns the responsibility of running elections to the states, not the federal government.

Judge Gabriel Sanchez wrote that the administration was asking the federal court to dictate to a state legislature on a matter within the state's traditional domain. He warned that granting the petition would be "inviting disorder and confusion for voters and election officials alike." The ruling stands as a procedural check on the executive branch's attempt to alter state election processes on a compressed timeline.

California officials, led by Democrats, have disputed the premise of the suit. In an October 20 court filing, lawyers for Secretary of State Shirley Weber called the litigation "at best" a "reckless political stunt." They argued it was "at worst" a threat to "disenfranchise thousands of Californians this election." President Donald Trump has previously made claims that the state is prone to "cheating" in its elections, a characterization state leaders have challenged.

The legal battle is part of a wider strategy by the Justice Department, which has sued 30 states and Washington, DC, for access to voter rolls containing sensitive personal data. The department argues this access is necessary to prevent alleged voter fraud. The administration has lost 26 of those cases and has yet to secure a win, as opponents have argued the moves interfere with state administration and may scare away voters.

Experts note that voting by non-citizens is rare, and non-citizens are barred from participating in federal elections in all 50 states. A Reuters investigation in July found only 129 cases of non-citizens being charged by federal authorities with illegal voting since 1996. Many of these cases involved administrative errors or confusion over rules rather than fraudulent intent.

Voting rights advocates point to flaws in the administration's identification process, warning that eligible voters could be disenfranchised. Immigration agents have been assigned to look for non-citizen voters, sometimes knocking on doors to ask residents about their citizenship status. Last week, the administration charged 28 immigrants in California with illegal voting, though some accused responded with confusion and said they had never registered to vote.

The midterms will determine which party controls the House of Representatives and the Senate. Republicans currently hold slim majorities in both chambers, but projections indicate Democrats are on track for gains and could flip one or both. The ruling removes one legal obstacle for California voters ahead of this pivotal vote.