Appeals court lets California count 20,000 mail ballots before midterm vote

Voters in California can proceed with counting approximately 20,000 mail-in ballots as the November 3 midterm election approaches, following a ruling from the 9th Circuit Court of Appeals on Monday. The decision allows the state to tabulate the votes without waiting for a federal review of the voters' citizenship status. This move clears a procedural hurdle that could have delayed the release of results for a key battleground state.

The legal dispute began on October 15, when the Trump administration filed a lawsuit against the state. The Department of Justice argued that the ballots were sent to individuals who are likely non-citizens. The administration sought an expedited decision from the appeals court due to the proximity to the election date. It requested that the ballots be sequestered, or held back, until the eligibility of the voters was determined.

The 9th Circuit issued a two-to-one decision denying the request to stop the tabulation. The majority opinion stated that the administration had not provided lower courts sufficient time to review the matter. Judge Gabriel Sanchez, writing for the majority, noted that election administration falls under the state's constitutional responsibility. He warned that federal intervention at this stage would invite disorder and confusion for voters and election officials alike.

Sanchez wrote that the administration was asking a federal court to dictate to a state legislature on a matter within the state's traditional domain. The court did not rule on the underlying claim regarding the voters' citizenship. Instead, it focused on the procedural timeline, allowing the state to proceed with its standard counting procedures.

A hearing is scheduled for Tuesday in the lower court where the case is currently being weighed. The outcome of that hearing may provide further clarity on the legal standards applied to the citizenship list. California officials, led by Secretary of State Shirley Weber, have framed the lawsuit as an effort to interfere in the voting process. Lawyers for Weber stated in a filing on October 20 that the litigation is at best a reckless political stunt and at worst a threat to disenfranchise thousands of Californians.

The administration has not publicly revealed how it created the list of 20,000 voters or determined their ineligibility. Experts and California officials have cast doubt on the claims, noting that non-citizen voting is rare. A July investigation by Reuters found only 129 cases of non-citizens being charged with illegal voting by federal authorities since 1996. Many of those cases involved administrative errors rather than fraudulent intent.

Last week, the administration charged 28 immigrants in California with illegally voting. Reporting from the Los Angeles Times indicated that some of the accused maintained they never registered to vote. The Department of Justice has also sued 30 states and Washington, D.C., for access to voter rolls. It has lost 26 of those cases, with opponents arguing that such moves could scare away voters.

The midterm elections will determine which party holds power in Congress. Republicans currently hold slim majorities in both the House and the Senate. Democrats are projected to make gains in one or both chambers. The 9th Circuit's ruling keeps the focus on the state's ability to count ballots promptly while the legal battle continues in the lower court.