Appeals court dismisses DOJ’s request to force California to set aside ballots

Updated on: October 26, 2026 / 7:37 PM EDT / CBS News

Washington — A federal appeals court on Monday dismissed the Justice Department's effort to force California election officials to set aside thousands of ballots that the Trump administration claims may have been cast by alleged noncitizens.

The U.S. Court of Appeals for the 9th Circuit said in a 2-1 decision that it lacked jurisdiction over the appeal and granted a motion by the top elections official from Los Angeles County to dismiss the effort.

The federal government, Judges Mark Bennett and Gabriel Sanchez said, failed to allow a federal district court "adequate opportunity" to consider its request for temporary relief. Judge Patrick Bumatay dissented.

The two judges faulted the Justice Department for waiting until less than three weeks before the midterm elections on Nov. 3 to file its lawsuit and only seeking a temporary restraining order from the district court last week. They also pointed out that the department had sought a temporary restraining order as California was already processing ballots.

"The United States's claimed emergency, at least in part, is a self-constructed one," the 9th Circuit said in an unsigned opinion. "At least part of the delay…

Original source: https://www.cbsnews.com/world/