US appeals court questions Justice Department challenge to California voter rolls

US appeals court questions Justice Department challenge to California voter rolls

A United States appeals court has expressed scepticism about a Justice Department lawsuit seeking to force California to discard mail-in ballots it says may have been sent to non-citizens. The case was heard in a rare weekend oral argument on Sunday, with a three-judge panel indicating it would rule as soon as possible. The dispute comes less than three weeks before the November 3 midterm elections, which will help determine control of Congress.

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Circuit Judge Mark Bennett, who was appointed by Republican President Donald Trump, questioned whether the federal government's request could stand under the Elections Clause of the US Constitution. He told Justice Department lawyer Matthew Donnelly that the state legislature had adopted election rules under that clause and asked how the court could issue an injunction that would conflict with them. Bennett said the panel would issue a decision quickly, but his comments suggested concern that the lawsuit may not survive legal scrutiny.

The Justice Department filed the complaint on October 15 and asked the federal court system to set aside thousands of mail-in ballots that it said were sent to "likely non-citizens." According to the lawsuit, the administration sent California officials a list of 20,000 names it believes are not eligible to vote on citizenship grounds. California has long been a target of Trump's claims about election integrity, and critics have accused him of using such allegations to create confusion and discourage turnout. The case is part of a broader push by the Trump administration to crack down on alleged non-citizen voting ahead of the midterms.

Trump has repeatedly promoted the disputed claim that Democrats benefit from widespread voting by non-citizens, despite the lack of evidence cited in the row. The legal challenge also lands in a state that has been a frequent focus of his criticism, making the dispute politically significant as the election approaches. The hearing adds another layer to a long-running fight over who controls election administration in the United States.

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The Constitution's Elections Clause generally gives states the authority to run elections, while the federal government can intervene only in limited circumstances. That legal framework is central to the panel's apparent concern, because the Justice Department is asking a federal court to override California's election procedures at a sensitive moment in the voting calendar. What remains unclear is how quickly the panel will rule and whether it will grant any part of the Justice Department's request.

The immediate question is whether the court will allow the state to proceed with its current ballot process or impose any restrictions before election day. The case is likely to remain closely watched because of its timing, its scale, and its potential effect on confidence in the vote.

360LiveNews 360LiveNews | 26 Oct 2026 05:03 LONDON
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