Appeals Court Rejects Trump Administration's Bid to Block California Mail-In Ballots

A United States appeals court has ruled against the administration of President Donald Trump in its effort to prevent California from counting certain mail-in ballots in the upcoming election cycle. On Monday, the 9th US Circuit Court of Appeals denied a request from the government to set aside approximately 20,000 mailed ballots before the November 3 midterm election.

The Trump administration had contended that these ballots were sent to individuals who are "likely" non-citizens. However, the administration has not disclosed the methodology used to compile this list or how it determined the ineligibility of voters based on citizenship status.

In a two-to-one decision, the appeals court stated that the Trump administration had not provided sufficient time for lower courts to review the case. Consequently, it declined to halt California’s ballot tabulation process. The court's majority also emphasized that election administration falls under the purview of state responsibility as per the US Constitution. Judge Gabriel Sanchez, in his opinion, wrote that the Trump administration was asking “the federal court to dictate to a state legislature a matter squarely within the state’s traditional domain.” Sanchez further cautioned that approving the Trump administration’s petition would “be inviting disorder and confusion for voters and election officials alike.”

The Trump administration initiated its lawsuit against California on October 15, less than three weeks prior to the midterm vote on November 3. California, a Democrat-led state, has been repeatedly targeted by Trump, a Republican leader, with unsubstantiated claims of election “cheating.”

The case is currently under consideration in a lower court, with a hearing scheduled for Tuesday. However, the Trump administration had sought an expedited decision from the appeals court, citing the approaching election date. The midterm elections are crucial for determining which political party controls Congress. Currently, the Republican Party holds narrow majorities in both the House of Representatives and the Senate, but projections suggest the Democratic Party is poised to make substantial gains, potentially flipping one or both chambers.

In the period leading up to the midterms, Trump has highlighted the issue of non-citizen voting as a threat to election integrity. Nevertheless, experts indicate that such instances are infrequent. California officials have also expressed skepticism regarding the administration’s claims of 20,000 ballots being sent to “likely non-citizens,” characterizing the administration’s lawsuit as an attempt to disrupt the voting process. Lawyers for California Secretary of State Shirley Weber stated in a court filing on October 20 that “At best, this litigation is a reckless political stunt. At worst, it threatens to disenfranchise thousands of Californians this election.”

Trump’s Department of Justice has filed lawsuits in 30 states and Washington, DC, seeking comprehensive access to voter rolls containing sensitive personal data, arguing that such disclosure is necessary to combat alleged voter fraud. However, the department has lost 26 of these cases, with opponents successfully arguing that these actions could deter voters and interfere with state election administration. The Trump administration has not yet secured a victory in any of these 30 cases.

Contrary to assertions by Trump and his supporters, instances of illegal voting, including by non-citizens, are exceptionally rare. Non-citizens are prohibited from participating in federal elections across all 50 US states. A Reuters investigation in July revealed that only 129 non-citizens had been charged by federal authorities with illegal voting since 1996. Many of these cases involved unintentional errors, such as administrative mistakes or individuals being unclear about voting regulations, rather than deliberate fraudulent intent.

Voting rights advocates have also pointed out deficiencies in the Trump administration’s methods for identifying potential non-citizen voters, suggesting that some eligible voters might be disenfranchised by these efforts. Under Trump, immigration agents have been tasked with identifying non-citizen voters, sometimes by directly questioning residents about their citizenship status.

Last week, the administration charged 28 immigrants in California with illegally voting. However, reporting by the Los Angeles Times indicated that some of the accused expressed confusion and denied ever registering to vote.

Trump has a history of promoting unsubstantiated claims of election fraud to justify increased federal oversight of the voting process. In 2020, he lost his bid for re-election to Democrat Joe Biden but refused to concede, attributing his defeat to vote “rigging.” This claim subsequently led to the January 6, 2023, storming of the US Capitol by some of Trump’s supporters, in an apparent attempt to prevent the certification of the election results.