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A federal appeals court rejected a Trump administration bid to segregate California mail ballots

Updated · First published

The 9th Circuit ruled 2-1 against the Trump administration’s emergency request to make California set aside mail ballots linked to more than 20,000 voters the federal government says may be noncitizens. The panel said the Justice Department had not given the trial court adequate time to consider the request. Judge Patrick Bumatay dissented; a hearing is scheduled Tuesday.

More context

A divided federal appeals court on Monday turned down the Trump administration’s bid for an emergency order requiring California to segregate mail ballots tied to more than 20,000 registered voters the federal government says may be noncitizens. The 9th U.S. Circuit Court of Appeals ruled 2-1 that the Justice Department had not given the district court adequate opportunity to consider its request. The unsigned ruling called the claimed emergency “at least in part, a self-constructed one.” Judge Patrick Bumatay, a Trump appointee, dissented. The ruling did not decide whether the ballots were cast by noncitizens. The administration sued California and Los Angeles County on Oct. 15 after they declined to set aside the ballots and verify citizenship before counting. A trial judge scheduled a hearing for Tuesday; the department sought faster action as ballots continued to be returned.

Reporting

Verifier’s note

NBC Los Angeles, CBS News, N18G, The Guardian, The Wall Street Journal, The Hill, and AP report that the appeals court rejected or declined the administration’s emergency bid to set aside California mail ballots. NBC News’ Facebook post also states the central claim but is derivative of NBC’s reporting.

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