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Appeals court rejects Trump administration bid to sequester California mail ballots

The 2-1 ruling says the administration did not give lower courts enough time; a Tuesday hearing is set.

Updated Oct 28, 2026 · 04:17 UTC3 reports

The short version

  • The Ninth Circuit denied a Trump administration request to sequester roughly 20,000 California mail ballots ahead of the midterms.[Al Jazeera]
  • The 2-1 majority said the administration did not give lower courts enough time and that the appeals court lacked jurisdiction at this stage.[Al Jazeera · ABC News]
  • The administration has asserted the ballots went to likely non-citizens, but a state review found 38.9% of those with usable birthplace data were born in the United States.[Al Jazeera · The Washington Sun]
  • The next step is a Tuesday district court hearing on the underlying lawsuit.[Al Jazeera · ABC News]

Key facts

  • The 9th US Circuit Court of Appeals denied a government request to sequester roughly 20,000 mailed ballots before the November 3 midterm.[Al Jazeera]
  • The 2-1 majority said the appeals court lacked jurisdiction at this stage and that the administration had not given lower courts enough time.[Al Jazeera · ABC News]
  • The Trump administration asserted that the ballots were sent to people who are likely non-citizens.[Al Jazeera]
  • A state review found that 38.9% of individuals with usable birthplace information were born in the United States.[The Washington Sun]
  • Circuit Judges Mark Bennett and Gabriel Sanchez ruled against the administration, while Circuit Judge Patrick Bumatay dissented.[ABC News]
  • The case returns to district court, where a hearing is scheduled for Tuesday.[ABC News · The Washington Sun]

What remains uncertain

  • The 38.9% figure covers only individuals with usable birthplace information, so it does not establish the status of the full voter list.[The Washington Sun]
  • The ruling rests on jurisdiction and timing, so the appeals court did not decide whether the ballots were sent to non-citizens.[Al Jazeera · ABC News]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.