DOJ Escalates California Noncitizen Ballot Fight with Unusual 9th Circuit Appeal

The U.S. Department of Justice has taken the rare step of appealing to the Ninth Circuit Court of Appeals after a federal district judge failed to rule on an emergency request to block California from counting mail-in ballots from more than 20,000 individuals identified by federal agencies as likely noncitizens. The appeal, filed October 22, 2026, followed U.S. District Judge David Carter's silence past the DOJ's self-imposed noon deadline, which the department characterized as a 'constructive denial' of its motion for injunctive relief.

The underlying lawsuit, filed October 15 in the Central District of California, stems from a list of approximately 20,000 suspected noncitizens on state voter rolls—provided via thumb drive to Los Angeles County and state officials—who received mail ballots for the November 3 midterms. DOJ officials argue that allowing these ballots to be processed risks irreparable dilution of lawful votes, citing an 'immediate threat' as ballots are commingled and cannot later be segregated. Acting Deputy Attorney General Trent McCotter had previously warned county officials of potential liability for 'aiding and abetting' federal crimes if they knowingly counted ineligible ballots.

Los Angeles County and state officials have pushed back, stating they lack authority or evidence to act on unverified federal lists and cannot withhold ballots based on 'unverified allegations.' LA County Registrar-Recorder Dean Logan emphasized adherence to state election laws, while the county moved to dismiss the suit for lack of standing. Carter has scheduled a hearing on the temporary restraining order for the following week.

This escalation fits into the Trump administration's broader push on election integrity, including recent prosecutions of noncitizens for illegal voting and demands for voter roll reviews. Similar disputes have arisen in other states, highlighting tensions between federal oversight and state control of elections. Mainstream reporting from Reuters, NBC, and the Los Angeles Times confirms the timeline, filings, and stakes ahead of the midterms.