Daijiworld Media Network – Washington
Washington, Oct 26: A federal appeals court has raised questions over a lawsuit filed by US President Donald Trump’s administration seeking to prevent the counting of thousands of mail-in ballots in California that it claims may have been cast by noncitizens ahead of the November 3 midterm elections.
During a rare weekend hearing, two judges on a three-judge panel of the 9th US Circuit Court of Appeals questioned a Justice Department lawyer about the legal basis for the administration’s demand. At the end of the two-hour hearing on Sunday, Circuit Judge Mark Bennett said the panel would try to deliver its ruling as quickly as possible.
The Justice Department filed the lawsuit on October 15 in federal court in Los Angeles, seeking an order requiring California officials to separate ballots received from individuals identified on a federal list of suspected noncitizens and withhold them from counting until their citizenship status is verified.
The department has circulated a list of 20,000 people it believes may be noncitizens registered to vote in California. It has also warned election officials across the state that they could face federal scrutiny if they refuse to assist in identifying suspected noncitizens on voter rolls.
California has challenged the administration’s claims, arguing that its safeguards against noncitizen voting are robust and that the federal government’s allegations rely on questionable data.
During Sunday’s hearing, Trump-appointed Circuit Judge Mark Bennett questioned whether the administration’s request was compatible with the US Constitution’s Elections Clause, which grants states authority over election procedures.
“It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause,” Bennett told Justice Department attorney Matthew Donnelly.
Circuit Judge Gabriel Sanchez, appointed by former president Joe Biden, also questioned why the appeals court should intervene at this stage, noting that the lower court had already scheduled a hearing for Tuesday.
The Justice Department sought expedited consideration of the case through an emergency motion filed with the appeals court.
The lawsuit is part of the Trump administration’s broader effort to increase federal oversight of elections. The administration has pressed states to provide voter-registration data, arguing that stronger verification measures are necessary to protect election integrity. Critics, including Democratic and some Republican election officials, have raised concerns about federal overreach.
Available evidence indicates that illegal voting by noncitizens is rare. A Reuters investigation published in July 2026 identified 129 cases in which noncitizens had been federally charged with illegally voting. Many cases appeared to involve voter confusion or administrative errors rather than deliberate fraud.
California, the most populous US state, is a Democratic stronghold and holds 52 seats in the House of Representatives, more than any other state. Democrats are seeking to regain control of the House from Republicans in the November midterm elections.
Trump has repeatedly criticised California’s immigration policies, particularly its sanctuary-state measures limiting cooperation with federal immigration authorities. He has also alleged that the state’s policies have contributed to voter fraud.
The court’s consideration of the case comes amid heightened political attention to election administration ahead of the midterms, which will determine control of both chambers of Congress.