RismadarVoice Reporters
October 23, 2026
The United States Department of Justice has asked a federal appeals court to intervene in a legal dispute over more than 20,000 mail-in ballots in California ahead of the November 3 midterm elections.
The Trump administration is seeking to prevent election officials from counting ballots associated with voters it suspects may not be American citizens until their eligibility has been verified.
Justice Department lawyers filed the request on Thursday with the Ninth US Circuit Court of Appeals before the federal district court handling the case had issued a ruling.
The department argued that intervention was necessary because US District Judge David Carter had not ruled on its emergency application by the deadline it requested.
Federal lawyers described the absence of a decision as a “constructive denial” of their application, although the judge had not formally rejected the request.
Carter has scheduled a hearing for next week to consider whether California should temporarily set aside the disputed ballots pending verification.
The legal confrontation began after the Justice Department filed a lawsuit against California on October 15, alleging that more than 20,000 people identified as likely non-citizens were registered to vote.
Federal authorities said their assessment involved comparisons between voter registration records and immigration information.
However, California election officials have challenged the reliability of the federal government’s findings.
Los Angeles County officials reported that their preliminary review identified numerous individuals on the disputed list who were born in the United States, raising questions about the accuracy of the identification process.
The findings do not establish that every individual on the list is eligible to vote, but they underscore the dispute over the government’s evidence.
Under American law, non-citizens are prohibited from voting in federal elections, while state authorities generally administer voter registration and election procedures.
The controversy comes as the Trump administration increases scrutiny of voter eligibility ahead of elections that will determine control of the US Congress.
Democratic officials and voting rights advocates have raised concerns that the federal intervention could affect eligible voters and interfere with election administration.
The Justice Department maintains that its actions are intended to prevent unlawful voting and protect election integrity.
The appeals court’s response and the pending district court hearing will determine the next procedural steps in the dispute.
