Why It Matters
The federal appeals court hearing concerned whether California ballots linked to alleged noncitizens should be separated before the next month’s midterm election. The case also raised questions about the court’s authority to intervene before the district court proceeds.
What Happened
A federal appeals court heard arguments Sunday, October 25, in the Justice Department’s lawsuit against California. The hearing ended without a ruling.
The Trump administration appealed after alleging that a district judge had not acted quickly enough. The Justice Department asked the appeals court to rule by Tuesday, before a district court hearing scheduled for 1 p.m. PDT.
The lawsuit concerns the department’s allegation that California failed to review a list of potential noncitizens who had been sent mail-in ballots. The DOJ says roughly 20,000 potential noncitizens appear on California voter rolls and is seeking to segregate ballots tied to those individuals.
California officials said the list has not been verified and includes lawful voters. Los Angeles officials’ preliminary review of 200 names found that many individuals said they were born in the United States, while many others had no voting history.
The Justice Department has announced charges against roughly 28 people from the list. It also sent letters to every California county requesting assistance in identifying potential voters in the United States illegally, with a 48-hour response period.
Circuit Judge Mark Bennett questioned whether the appeals court had jurisdiction. He also raised constitutional concerns, saying, “I don’t see how we have jurisdiction.” Bennett later asked, “How can we, a federal court, do what is reserved to Congress, which Congress, in my view, hasn’t done?”
The three-judge panel included two appointees of President Donald Trump and one appointee of former President Joe Biden. A Justice Department attorney cited 18 USC 611 during arguments.
By the Numbers
October 25, 2026 — date of the appeals court hearing
Tuesday — requested deadline for an appeals court ruling and scheduled district court hearing day
1 p.m. PDT — scheduled district court hearing time
roughly 20,000 — potential noncitizens alleged to be on California voter rolls
roughly 28 — individuals charged by the Justice Department from the list
48 hours — response period requested in letters to California counties
200 — names in the preliminary Los Angeles analysis
nearly 40% — analyzed records indicating individuals were born in the United States
71.2% — analyzed records showing no voting history
Zoom Out
The dispute combines election administration with federal authority over voter eligibility. The Justice Department says hundreds of thousands of mail-in ballots are already being processed, while California officials dispute the reliability of the list at the center of the lawsuit.
What’s Next
The appeals court had not issued a ruling by the end of Sunday’s hearing. The district court hearing remained scheduled for Tuesday at 1 p.m. PDT.