At a hearing on Sunday, the panel did not rule on the Justice Department's appeal. The elections are on November 3.
A three-judge panel of the Ninth Circuit Court of Appeals heard the U.S. Department of Justice's challenge to California's election system on Sunday, October 25, 2026. According to press reports about the hearing, the judges expressed skepticism toward the federal request. As of this writing, the court had not issued a ruling.
What the federal government is asking for
The Department of Justice sued California, Secretary of State Shirley Weber, and Los Angeles County. According to press reports, it alleges that the federal government identified more than 20,000 registered voters who are presumed non-citizens and is demanding that their mail-in ballots not be counted until their citizenship is determined. That figure has not been independently verified. Weber has stated, according to the same reports, that the government has not presented any evidence.
As part of the case, the Justice Department also sent letters to California counties asking them to separate those ballots, as reported in this site's previous article on the subject.
What was said at the hearing
The case is listed in the Ninth Circuit's file as United States of America v. State of California, et al., No. 26-7070, The hearing is scheduled for October 25, 2026, in San Francisco before Judges Bennett, Bumatay, and Sanchez. The court is streaming its oral arguments on YouTube.
According to press reports, Judge Bennett said he did not see how the court had jurisdiction, because a hearing was already scheduled for Tuesday in district court. The judges also questioned the reliability of the 20,000-person figure. Judge Bumatay was, according to these reports, the only one who seemed receptive to the government's arguments. These descriptions come from the press and not from a court ruling.
What's next?
- A hearing in district court, scheduled for Tuesday, October 27, according to reports.
- A decision by the Ninth Circuit, which, according to reports, would seek to resolve quickly.
- The elections on November 3rd.
What does it mean to you?
- So far there is no court order compelling California to set aside ballots; the appeal has not been resolved.
- If you are a registered citizen, your ballot status will not change because of this lawsuit. You can check your registration and ballot status on the California Secretary of State's website.
- If you receive a message saying your vote was canceled, first confirm with your county elections office.
Editor's note: Some information in this article could not be confirmed with official sources at the time of publication; it comes from reports by other media outlets or from the individuals quoted. We will update the article if the information changes.
