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The 9th Circuit Court of Appeals rejected a Justice Department request over California ballots

Updated · First published

A 2-1 9th Circuit ruling rejected the Justice Department’s request for California to set aside disputed midterm ballots. The panel said the department failed to show an injunction pending appeal was warranted. The administration alleges California sent ballots to about 20,000 people who may not be citizens; California officials say the list is unreliable and likely includes citizens.

More context

The 9th Circuit Court of Appeals on Friday rejected the Justice Department’s request that California set aside disputed ballots received in the midterm election. The 2-1 ruling is a setback for the Trump administration’s efforts to assert control over state-run elections. The unsigned opinion by Judges Mark Bennett and Gabriel Sanchez concluded the department had not met the standard for emergency relief while its appeal proceeded. The administration says California sent ballots to roughly 20,000 people whose citizenship it questions and wants those ballots withheld until their status is confirmed. California officials say the list is highly unreliable and likely includes many citizens. A district court judge rejected the request Wednesday, warning it could disenfranchise citizens. Judge Patrick J. Bumatay dissented, arguing California’s refusal to separate the ballots encourages a violation of federal law.

Reporting

Verifier’s note

PBS News, CBS News, and FOX23 all report that the appeals court rejected the Justice Department’s request to set aside disputed California ballots. PBS News and CBS News explicitly identify the story as AP copy, and FOX23’s matching headline and lead indicate the same syndicated report.

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