US Appeals Court Expresses Skepticism Over Trumps Lawsuit on California Voter Rolls
October 26, 2026 • Al Jazeera
US Appeals Court Hears Case on Mail-in Ballots Ahead of Midterm Elections
A US appeals court heard oral arguments on a lawsuit filed by the Department of Justice against California, which seeks to invalidate mail-in ballots sent to individuals deemed “likely noncitizens.” The three-judge panel, led by Circuit Judge Mark Bennett, will issue a decision as soon as possible.
The case is part of a larger effort by the Trump administration to crack down on alleged noncitizen voting ahead of the November 3 midterm elections. On October 15, the Justice Department issued a complaint targeting California, requesting that thousands of mail-in ballots be set aside due to concerns over citizenship eligibility.
During the oral argument, Judge Bennett expressed concern about the lawsuit’s validity, citing the Elections Clause in the US Constitution, which grants states the authority to administer elections. He questioned how the court could issue an injunction inconsistent with the law adopted by California’s legislature.
The case has sparked alarm among voting rights advocates, who have raised concerns about the accuracy of the list of noncitizen voters compiled by the Justice Department. Whistleblower reports and data have cast doubt on the validity of such lists.
California has countered that it has strong safeguards to prevent noncitizens from voting and that the Justice Department’s claims are based on dubious data. The state’s governor, Gavin Newsom, described the lawsuit as a “sad, desperate attempt” by the Trump administration to suppress California voters ahead of the election.
The midterms will determine which party controls the US Congress, as well as key state and local positions. Polls predict steep odds for Republican candidates, given President Trump’s declining approval ratings and dissatisfaction with various issues.
Source: Al Jazeera