Trump loses emergency bid over disputed California ballots

Oct. 26, 2026, 9:22 p.m. ET

A federal appeals court on Monday rejected the Trump administration’s emergency bid to require Los Angeles County and state election officials to set aside more than 20,000 ballots that federal officials contend were cast by voters registered as noncitizens, leaving current ballot-handling procedures in place just eight days before Election Day.

In a 2-1 decision, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit did not decide whether to segregate the ballots or whether the federal government’s claims have merit. Instead, the court ruled it could not hear the appeal because the Justice Department sought emergency intervention before giving the U.S. District Court for the Central District of California adequate time to rule on its request for a temporary restraining order.

The panel said the federal government gave the district court roughly 15 hours, including about three business hours, to act before asking the appeals court to step in. Judges rejected the argument that the circumstances constituted an immediate emergency, writing that “the United States’s claimed emergency, at least in part, is a self-constructed one.”

Because the Ninth Circuit dismissed the appeal on jurisdictional grounds, it did not address the underlying dispute over the ballots. The ruling leaves that question unresolved and means the federal government would likely need to continue pursuing its claims in the district court, where the case remains pending.

The administration could also seek further emergency review, including from the full Ninth Circuit or the U.S. Supreme Court, although Monday’s decision focused on procedural issues rather than the merits of the case.

Gov. Gavin Newsom, AG Rob Bonta react to decision

California Attorney General Rob Bonta’s office characterized the federal government’s move to the appeals court as an attempt to get emergency relief before the trial court issues a ruling.

“The U.S. Constitution gives states and Congress, not the President or the Executive Branch, the power to determine the time, place, and manner of elections,” Bonta said in a statement. “The court’s order serves as an important step in our efforts to protect Californians’ right to vote and our state’s authority to run fair and secure elections.”

Gov. Gavin Newsom also welcomed the decision, calling it a setback for the administration’s legal challenge.

“I have been sounding the alarm since last year, when Trump illegally federalized the California National Guard — Trump is illegally trying to seize powers in the Constitution entrusted to others so he can stay in power,” Newsom said. “This lawsuit is just the latest step.”

The dispute centers on the federal government’s effort to require Los Angeles County election officials to isolate ballots linked to individuals identified through a federal database as potential noncitizens. County officials have argued the request could interfere with vote counting and complicate the state’s election certification process.

Judge raises questions about alleged harm

Judge Mark J. Bennett, who joined the majority in dismissing the appeal, wrote separately to address the federal government’s argument that immediate court intervention was necessary.

Bennett said that at this stage of the case, the record does not establish that the federal government is likely to suffer irreparable harm if the ballots are not segregated immediately.

He pointed to unresolved factual disputes, including whether the federal government’s October list accurately identifies noncitizens and the district court’s lack of factual findings.

“At this preliminary stage, given the conflicting evidence about whether the October List accurately identifies noncitizens and with no factual findings by the district court, we cannot determine” that the government “will likely suffer irreparable harm,” Bennett wrote.