# 9th Circuit questions DOJ demand to set aside 20,000 California mail ballots

> Two 9th Circuit judges question DOJ's request to set aside 20,000 California mail ballots.
- Title: 9th Circuit questions DOJ demand to set aside 20,000…
- Summary: Two 9th Circuit judges question DOJ's request to set aside 20,000 California mail ballots. Two judges on the 9th U.S. Circuit Court of Appeals questioned the…
- Keywords: 9th circuit, doj, california mail ballots, noncitizen voters, elections, u.s. circuit court, president trump, voter eligibility, news, local, 9th, Circuit
- Source: NBC Bay Area — https://nbcbayarea.com/news/california/9th-circuit-doj-california-mail-ballots/4164386
- Published: 2026-10-26T17:01:47+00:00
- Read time: 1 min
- Topics: 9th circuit, doj, california mail ballots, noncitizen voters, elections, u.s. circuit court, president trump, voter eligibility, news, local
## 9th Circuit judges skeptical
Two of three judges on the 9th U.S. Circuit Court of Appeals appeared skeptical of a lawsuit brought by the Trump administration in mid-October.
## DOJ demand to set aside ballots
The lawsuit accuses California officials of failing to meet a 48-hour deadline to review 20,000 names the administration flagged as likely noncitizens.
## Jurisdiction questioned
Circuit Judge Mark Bennett questioned whether the appellate court even has jurisdiction to hear the case even before a ruling by the lower court.
## Tenth Amendment concerns
Judge Gabriel Sanchez questioned whether the federal government was violating the Tenth Amendment by commandeering the state to enforce a federal law.
## State law vs federal request
The federal government is simply asking California to enforce its own law, which also bans noncitizens from voting.
## Disenfranchisement risk
Even if election staffers spent three minutes checking each of 2.75 million mail ballots, the process would take 140,000 man-hours or 16 years.
## No credible evidence
The federal government has provided no credible evidence to support its suspicions about noncitizen voters.
## Possible emergency order
Judge Patrick Bumatay suggested granting the administration's request for an emergency order could provide clarity on noncitizen voting.
## Key takeaway

Two judges on the 9th U.S. Circuit Court of Appeals questioned the Justice Department's demand to set aside 20,000 California mail ballots suspected of being noncitizen voters.