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Appeals Court Dismisses DOJ's Request to Set Aside California Mail Ballots

The 9th U.S. Circuit Court of Appeals dismissed the DOJ's emergency appeal to set aside mail ballots in California linked to over 20,000 suspected noncitizens. The court found it lacked jurisdiction due to insufficient time for the district court to consider the request. The case remains pending in district court.

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Mark Bennett Gabriel Sanchez David Carter Patrick Bumatay

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A federal appeals court has dismissed the Department of Justice's emergency appeal to set aside mail ballots in California associated with over 20,000 individuals suspected of being noncitizens. The 9th U.S. Circuit Court of Appeals ruled that the DOJ did not give the district court enough time to consider its request. The case will continue in district court, where further proceedings will take place.

Key facts

  • The 9th U.S. Circuit Court of Appeals ruled 2-1 against the DOJ's appeal.
  • The DOJ's request involved over 20,000 mail ballots linked to suspected noncitizens.
  • U.S. District Judge David Carter had scheduled a hearing prior to the DOJ's deadline.
  • Judge Patrick Bumatay dissented, advocating for intervention to prevent ballot commingling.
  • The DOJ filed the lawsuit against California on October 15.
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Original vs. Neutral

Original Headline

Appeals court rejects DOJ’s expedited bid to set aside 20,000 California mail ballots

Neutral Headline

Appeals Court Dismisses DOJ's Request to Set Aside California Mail Ballots