The Justice Department on Thursday asked the Ninth U.S. Circuit Court of Appeals to step in on an emergency basis in the California mail-in ballot lawsuit, seeking a temporary order to stop the state from counting more than 20,000 vote-by-mail ballots the Trump administration alleges were cast by non-U.S. citizens.
California mail-in ballot lawsuit heads to Ninth Circuit
According to the department, the request aims to preserve the status quo while its broader case against the state moves forward. Federal lawyers argue that counting the ballots before the courts resolve the dispute would cause irreparable harm and undermine election integrity if the ballots are later found ineligible.
State officials have defended their procedures, saying California’s voter verification and eligibility checks comply with federal and state law. They contend that halting the tally would risk disenfranchising eligible voters and disrupting certification timelines.
The emergency filing arrived ahead of expected vote tabulations tied to ongoing counts, prompting the department to ask the appellate panel to act quickly. The Ninth Circuit could issue a temporary administrative stay, request expedited briefing, or deny the request and allow the case to continue in the lower court.
The underlying lawsuit centers on whether California improperly included individuals in mail-in rolls who are not U.S. citizens. The department cites records it says identify more than 20,000 ballots at issue, while the state disputes those claims and the methodology behind them.
If granted, the requested pause would block counties from including the disputed ballots in official totals while the courts sort out the legal questions. If denied, the counts would proceed under existing state procedures as the litigation continues.
Hawaiʻi voters are not directly affected, but the outcome could influence future federal challenges to state-run mail voting systems nationwide, including policies closely watched across the islands.
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