The Ninth Circuit dismissed the federal government's request for approximately 20,000 ballots. California says the list is unverified; voting remains open until November 3.
The Ninth Circuit Court of Appeals on October 26, 2026, dismissed the federal government's request that California set aside and not count the mail-in ballots of some 20,000 people it considers likely non-citizens, according to the report. California Attorney General's Office. The hearing had been held the previous day.
What did the government request, and what was the court's response?
The Department of Justice (DOJ) requested that the state segregate those ballots until the citizenship of each voter could be verified. According to the California Attorney General's Office, the government appealed to the appeals court without first obtaining an order from the trial court, and the Ninth Circuit rejected the request.
The governor's office describes the decision as that of a three-judge panel. Governor Gavin Newsom called it, in a release, "A positive development and a welcome speed bump" (a positive development and a minor setback for the federal government). Attorney General Rob Bonta argued that the Constitution gives the states and Congress, not the president, power over the time, place, and manner of elections.
The text of the ruling and the DOJ's position could not be reviewed from official sources for this article. As of now, there is no official confirmation as to whether the DOJ will pursue another course of action.
What California says about the list
According to the California Attorney General's Office, in July 2026 the federal government claimed there were more than 190,000 non-citizens registered to vote in the state, and later reduced that number by nearly 90%. The state says it reviewed a sample of 200 names in Los Angeles County and found that more than half had canceled or inactive registrations, 38.9% were listed as having a U.S. birthplace, and 71.2% had no voting history.
The prosecution also mentions the Nevada case, where an initial claim of nearly 16,000 alleged non-citizens was reduced to 185. This data was presented by the state, a party to the dispute; the DOJ has not published the list of names.
Background
This is not the first clash. On January 15, 2026, a federal court dismissed the case without possibility of appeal. United States v. Weber, in which the DOJ requested the entire California voter database, according to the State Secretariat. That database includes Social Security and driver's license numbers, home address, party affiliation, and voting history.
What does it mean to you?
- If you already voted by mail, the court refused to set aside the ballots, according to the California Attorney General's office.
- If you vote by mail, the State Secretariat It states that the envelope must be postmarked on or before November 3rd and received within 7 days. You can drop it off at the official mailbox until the polls close on November 3rd.
- The signature on the envelope is compared to your record. If it's missing or doesn't match, your county will notify you how to correct it.
- You can track the status of your ballot at WheresMyBallot.sos.ca.gov, available in all 58 counties.
- If you receive a letter regarding your registration, consult your county or a legal aid organization; this note is not legal advice.
Legal notice: This information is general and does not replace guidance from the official agency or a licensed professional regarding your specific case.
