Politics

9th Circuit Rejects Trump’s Request to Disqualify 20,000 California Ballots

By Al Jazeera Staff

The U.S. 9th Circuit Court of Appeals rejected a petition from the Trump administration to set aside 20,000 ballots in California, citing constitutional violations and the risk of disenfranchising eligible voters. The decision was issued on Friday, just days before the November 3 midterm elections. Judges Mark Bennett and Gabriel Sanchez, who were appointed by Trump and former President Joe Biden respectively, formed the majority. Trump‑appointed Judge Patrick Bumatay dissented, calling the petition a “reasonable request.”

The administration claimed that nearly 20,000 “likely non‑citizens” received mail‑in ballots for the California midterm election and sued the state on October 15 to prevent those ballots from being counted. However, the accuracy of the list and the claim of widespread non‑citizen voting have been questioned. In Nevada, state officials said the Trump list incorrectly identified citizens as non‑citizens, with no correct names. Similar doubts have arisen in Washington.

California, which will elect 52 members of the U.S. House of Representatives on November 3, has long been a target of Trump’s criticism. Governor Gavin Newsom has described the lawsuit as an attempt to undermine voter trust and suppress California voters. The state officials, including Newsom, have demanded proof that the names on the list were indeed foreign nationals, but no evidence has been provided.

The Trump administration sent the list of 20,000 names to California on October 12, just three weeks before the election. The state refused to set aside the ballots and requested proof of non‑citizenship. The administration charged 28 foreign nationals in California with election‑related infractions last week, though some defendants said they had never registered to vote.

The 9th Circuit’s majority opinion stated that the petition would contravene the Constitution’s Elections Clause and could jeopardize the tabulation process. The court declined to grant the emergency ruling, noting that the administration had not given lower courts adequate time to consider the matter. A lower court had already ruled against the administration on Wednesday, prompting the appeal.

Non‑citizen voting in federal elections is illegal in all 50 states, including California. The Constitution’s Elections Clause grants states exclusive authority to administer elections, with Congress allowed to regulate voting procedures.

The court’s decision means the 20,000 ballots will remain in the count for the upcoming election.