
On the eve of the November midterm elections, the Trump administration asked the U.S. Supreme Court to intervene in California’s voting process. The Justice Department wants state officials to set aside about 20,000 ballots that it suspects belong to non‑citizens until their status can be confirmed.
The request follows two lower‑court rulings that denied immediate orders to separate the ballots. The administration framed the action as a modest remedy that would not cancel any votes, arguing that counting disputed ballots before confirming their legality could undermine public confidence.
U.S. Solicitor General John Sauer argued that counting ballots before determining their legality would threaten democratic stability. He said segregating ballots is a routine remedy when legality is in question. California officials, however, called the demand illegal and pointed out that the Constitution gives states the right to run their own elections. A judge rebuked the federal government for trying to coerce the state to abandon its procedures.
Source: Courthouse News Service
The California suit is part of a larger effort by the Justice Department to challenge state election processes ahead of the midterms. Similar lawsuits have been filed in Washington state over alleged non‑citizen voting, and the administration has sued Alaska to block certification of a Senate race if a Democrat wins.
For ordinary Californians, the request could mean that ballots from voters whose citizenship is questioned might be set aside and examined before being counted. The state’s existing process for challenging voter eligibility would still apply, but the federal government is seeking to create a separate procedure on election day. No deadline or specific steps for voters are mentioned in the filing.
Anyone who receives notice that their ballot is being held for citizenship verification should consider consulting an attorney, especially if they need assistance navigating state and federal election laws.
If the Supreme Court grants the request, counting could be delayed for ballots under review, affecting election timelines.
The case highlights a clash between federal attempts to intervene and states' constitutional right to run elections.
Similar lawsuits in Washington and Alaska suggest a coordinated effort to challenge state election outcomes ahead of the midterms.
Voters whose citizenship may be questioned should monitor communications from election officials and be prepared to seek legal advice.
The Court has not yet responded, leaving the immediate impact on the election unclear.
This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published November 2, 2026.
Source: Courthouse News Service
A U.S. district court denied a request to separate 20,000 California mail-in ballots, citing a lack of legal basis and risks of voter disenfranchisement.
A federal appeals court has thrown out an emergency bid to block California from counting tens of thousands of mail-in ballots before the upcoming election.
The U.S. Court of Appeals for the Ninth Circuit dismissed the Trump Administration’s request to set aside about 20,000 mail‑in ballots it claimed were likely cast by non‑citizens, preserving California voters’ rights.
The federal government is asking an appeals court to end a 40-year-old injunction requiring legal rights notifications for unaccompanied minor migrants.
California Attorney General Rob Bonta co-led a multistate coalition filing an amicus brief challenging warrantless civil immigration arrests by DHS.
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