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US courts reject DOJ bid to set aside California ballots
First reported Oct 26, 8:31 PM ET · Latest Oct 30, 4:39 PM ET · Explainer updated Oct 30, 8:01 PM ET
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Where things stand
The 9th Circuit Court of Appeals has again rejected a petition to remove about 20,000 California ballots from the midterm vote count, calling the request unconstitutional, according to Al Jazeera. The same court had earlier denied the Justice Department’s request to set aside the disputed ballots, as reported by CBS News.
Relay Note
What remains uncertain is how the Justice Department will proceed. The record notes that an appeal is expected, but it is not clear how an appellate court might rule on that appeal or what effect it could have on the final vote tallies, and whether the department will pursue further legal tactics.
Written by AI only from this story's record below, and checked line by line against it. Updated .
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Facts
What the reporting says
Each fact is matched to the exact words of the report it comes from, and checked that those words really say it. Open one to see the source.
- Reported The petition sought to remove 20,000 ballots from California's vote count. Is this wrong?
Source
- “petition to remove 20,000 ballots from California's vote count” — Al Jazeera
- Reported The 9th Circuit Court of Appeals rejected the Justice Department's request to set aside disputed California ballots. Is this wrong?
Source
- “The 9th Circuit Court of Appeals rejected the Justice Department's request for California to set aside disputed ballots” — CBS News
- Reported A judge rejected the Trump administration's request to segregate 20,000 California ballots. Is this wrong?
Source
- “Judge rejects Trump admin request for order to segregate 20,000 Calif. ballots.” — ABC News
- Reported The Justice Department sought an emergency order in the case. Is this wrong?
Source
- “The Justice Department sought an emergency order in the case.” — ABC News
- Reported A federal judge denied the Justice Department's request to stop processing California ballots. Is this wrong?
Source
- “Judge denies the Justice Department's bid to stop processing California ballots.” — NPR
- Reported A federal judge rebuffed the Trump Justice Department's bid to set aside 20,000 ballots. Is this wrong?
Source
- “Judge rebuffs Trump DoJ’s bid to order California to set aside 20,000 ballots.” — The Guardian
- Reported The ruling was issued by U.S. district judge David Carter, who was nominated by Bill Clinton. Is this wrong?
Source
- “ruling from US district judge David Carter, nominated to the federal bench by Bill Clinton” — The Guardian
- Reported Governor Newsom accused Trump of an “assault on democracy.” Is this wrong?
Source
- “Newsom accuses Trump of ‘assault on democracy’” — The Guardian
How to read the labels: Reported: one newsroom · Corroborated: two or more independent newsrooms · Confirmed: backed by a primary source such as an official release or filing · Disputed: newsrooms disagree · Updated: replaced by a newer figure. This story as data for AI assistants and developers.
Timeline
What changed: The latest ruling reiterates the appeals court’s refusal to grant the Trump administration’s effort to segregate and discard the ballots.
How this story developed
- New The petition sought to remove 20,000 ballots from California's vote count.
- Answered It is unclear how an appeal, which the Justice Department is expected to file, will affect the counting of the contested ballots or whether higher courts will intervene. — The 9th Circuit Court of Appeals rejected the Justice Department's request to set aside disputed California ballots.
- Answered It remains unclear how an appellate court will rule on the upcoming appeal and what impact, if any, the decision will have on the final vote tallies. — The 9th Circuit Court of Appeals rejected the Justice Department's request to set aside disputed California ballots.
- New The 9th Circuit Court of Appeals rejected the Justice Department's request to set aside disputed California ballots.
- New A judge rejected the Trump administration's request to segregate 20,000 California ballots. The Justice Department sought an emergency order in the case.
- New A federal judge denied the Justice Department's request to stop processing California ballots. A federal judge rebuffed the Trump Justice Department's bid to set aside 20,000 ballots. The ruling was issued by U.S. district judge David Carter, who was nominated by Bill Clinton. Governor Newsom accused Trump of an “assault on democracy.”
Every report, newest first
- US appeals court again rejects Trump bid to set aside California ballots — Al Jazeera
The 9th Circuit Court calls the petition to remove 20,000 ballots from California's vote count unconstitutional.
- Appeals court rejects DOJ bid to set aside disputed California ballots — CBS News
The 9th Circuit Court of Appeals rejected the Justice Department's request for California to set aside disputed ballots received in the midterm election.
- CNN, MSNOW and Politico ask court to make Trump access order permanent — PBS NewsHour
Three news outlets have beefed up their legal complaint against the White House over access, saying it is continuing to defy a judge's orders by refusing to let them return to covering President Donald Trump in the Oval Office and on Air Force One — thus…
- Judge rejects Trump admin request for order to segregate 20,000 Calif. ballots — ABC News
The Justice Department sought an emergency order in the case.
- Judge denies the Justice Department's bid to stop processing California ballots — NPR
While the judge rejected the Department of Justice's unprecedented demand in California, the case isn't over yet and will likely be appealed.
- Judge rebuffs Trump DoJ’s bid to order California to set aside 20,000 ballots — The Guardian
Justice department had demanded state segregate ballots from people it claimed were non-citizens A federal judge declined to order California election officials to segregate ballots from people the Trump administration claimed were non-citizens, rebuffing a…
- Court blocks bid by Trump DoJ to stop California from counting mail-in ballots — The Guardian
Newsom accuses Trump of ‘assault on democracy’ as DoJ claims 20,000 registered voters in state are non-citizens A US federal appeals court rejected the Trump administration’s move to block California from counting the ballots of 20,000 registered voters that…
Questions
- It is unclear whether the Justice Department will pursue further appeals or other legal strategies to challenge the ballot count. Open
- It is unclear whether the court will grant the request to make the press‑access order permanent, and whether the Justice Department will pursue further appeals or new legal tactics to challenge California’s ballot counting. Open
- It is unclear how an appeal, which the Justice Department is expected to file, will affect the counting of the contested ballots or whether higher courts will intervene. Answered by CBS News: The 9th Circuit Court of Appeals rejected the Justice Department's request to set aside disputed California ballots.
- It remains unclear how an appellate court will rule on the upcoming appeal and what impact, if any, the decision will have on the final vote tallies. Answered by CBS News: The 9th Circuit Court of Appeals rejected the Justice Department's request to set aside disputed California ballots.
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More: background
The Justice Department, acting under the Trump administration, argued that roughly 20,000 registered voters in California were non‑citizens and sought an emergency order requiring the state to separate those ballots from the count. Federal judges have repeatedly denied the request, labeling it legally thin and unprecedented.
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