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Appeals court appears skeptical of DOJ suit over California mail ballots

The Justice Department's October 15 complaint seeks to set aside thousands of mail-in ballots, and Judge Mark Bennett doubted it would withstand scrutiny.

Updated Oct 26, 2026 · 04:32 UTC4 reports

The short version

  • A US appeals court expressed doubt about a Justice Department lawsuit seeking to force California to set aside mail-in ballots.[The Washington Sun · Al Jazeera]
  • The complaint, filed October 15, targets ballots the government says were sent to likely noncitizens and relies on a 20,000-name list.[Al Jazeera]
  • Judge Mark Bennett said the lawsuit may not hold up under the Elections Clause, and the panel said it would decide as soon as possible.[Al Jazeera]
  • California disputes the claims as based on dubious data, and Governor Gavin Newsom called the suit a desperate attempt to suppress voters.[Al Jazeera]

Key facts

  • A US appeals court expressed doubt over a Justice Department lawsuit against California that seeks to force the state to set aside mail-in ballots deemed likely to go to noncitizens.[The Washington Sun · Al Jazeera]
  • The Justice Department filed its complaint on October 15, asking the federal court to set aside thousands of mail-in ballots sent to likely noncitizens.[Al Jazeera]
  • The lawsuit indicates the Trump administration sent California officials a list of 20,000 names it believes are not eligible to vote, based on citizenship.[Al Jazeera]
  • Circuit Judge Mark Bennett pointed to the Elections Clause, which allows states rather than the federal government to administer elections, and voiced concern the lawsuit would not hold up to scrutiny.[Al Jazeera]
  • Los Angeles officials said a preliminary analysis of 200 names on the 20,000-person list included a high percentage of individuals who say they were born in the U.S. and many with no voting history.[ABC News]
  • Justice Department attorney Matthew Donnelly argued that California is causing irreparable harm by allowing noncitizens to vote in violation of state laws.[Associated Press]
  • California Governor Gavin Newsom called the lawsuit a desperate attempt by the Trump administration to suppress California voters.[Al Jazeera]

What remains uncertain

  • The reliability of the 20,000-name federal list is disputed; California says the data is dubious, and the Los Angeles sample was preliminary.[ABC News · Al Jazeera]
  • The final ruling and its timing are unknown; the panel said it would decide as soon as possible.[Al Jazeera]

Sources

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