Trump administration again loses bid to block California from counting alleged noncitizen votes

A US appeals court on Friday rejected the Trump administration's request that it temporarily block California from counting any mail ballots for the November 3 midterm elections from more than 20,000 registered voters the Trump administration alleges are likely noncitizens.

The decision marked the second time this week that the San Francisco-based 9th US Circuit Court of Appeals had denied an emergency request in the case from the Justice Department.

The decision comes as President Donald Trump's fellow Republicans are battling to retain majorities in both houses of Congress in the midterms. Trump's administration has sought to pressure state election officials over alleged noncitizen voting, which all available evidence shows is exceedingly rare.


On October 15, the Justice Department filed a lawsuit asking a federal judge to order California to separate any ballots it received from people on the administration's list of alleged noncitizens and to not count them until it had verified that the people who cast the ballots were citizens.

US District Judge David Carter denied the Trump administration's request for a temporary restraining order, writing on October 28 that it would "wreak havoc" on the election and potentially disenfranchise thousands of lawfully registered voters.