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Appeals court rejects Justice Department emergency request on disputed California ballots

A federal appeals court declined the Justice Department’s emergency request to force California to set aside mail ballots connected to people the government alleges may not be citizens, leaving the underlying dispute unresolved before Election Day.

Archive photograph of the California State Capitol in Sacramento
Archive photograph of the California State Capitol in Sacramento, not the court proceeding or ballot processing. Image credit, Richard Ueberle, GNU Free Documentation License. Image source, reuse terms.

On Friday, a federal appeals court rejected the Justice Department’s emergency request to require California to set aside mail ballots linked to more than 20,000 registered voters whom the government alleges may not be U.S. citizens. Associated Press and Reuters reported that the request concerned ballots already received in the November 3 midterm election. The court’s action left California’s current ballot handling process in place while the broader dispute continues.

The Ninth Circuit’s order describes the government’s request for an injunction requiring officials to set aside certain vote by mail ballots and verify citizenship before tabulation. The order addresses the emergency appeal, not a final factual determination about individual voters or every issue raised in the underlying case. California officials have disputed the government’s assertions, and the Justice Department has argued that ineligible voting would undermine valid votes.

That distinction matters as Election Day nears. The reporting documents a court ruling on emergency relief, it does not establish that any particular ballot is invalid or predict the final outcome of the litigation. Readers can review the court order and reporting from outlets with different editorial approaches below.

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