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Appeals court again rejects DOJ bid to segregate California's alleged noncitizen ballots

A 2-1 9th Circuit panel rejected the request a second time in a week; a dissenting judge called it reasonable.

The short version

  • A 2-1 9th Circuit panel rejected the Justice Department's request to segregate and withhold ballots from over 20,000 people flagged as potential noncitizens.[NBC News · The Washington Sun]
  • Judges Mark Bennett and Gabriel Sanchez formed the majority, while Patrick Bumatay dissented, calling the request reasonable.[NBC News · PBS NewsHour · Al Jazeera]
  • California officials say the government's list is highly unreliable and likely includes many citizens.[PBS NewsHour]
  • Separately, a federal judge in Washington ordered the government to share the disputed name list with lawyers for two groups.[Associated Press]

Key facts

  • The 9th U.S. Circuit Court of Appeals ruled 2-1 to reject the Justice Department's request to segregate and withhold over 20,000 ballots.[NBC News · The Washington Sun]
  • The majority judges were Mark Bennett, a Trump appointee, and Gabriel Sanchez, a Biden appointee; Patrick Bumatay dissented.[NBC News · Al Jazeera]
  • California officials say the government's list of alleged noncitizen voters is highly unreliable and likely includes many U.S. citizens.[PBS NewsHour · Associated Press]
  • A federal judge in Washington ordered the government to share the disputed list with lawyers for the Coalition for Humane Immigrant Rights and the UCLA Voting Rights Project.[PBS NewsHour · Associated Press]

What remains uncertain

  • Judge Patrick Bumatay's dissent disputes the majority's view, so the ruling reflects a divided panel.[PBS NewsHour · Al Jazeera]
  • The accuracy of the government's list is disputed; California officials' characterization of it as unreliable is an attributed claim, not an established fact.[PBS NewsHour · Associated Press]

Sources

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