Court blocks bid by Trump DoJ to stop California from counting mail-in ballots

Key points

• A federal appeals court ruled 2-1 against the Trump justice department's bid to stop California from counting the ballots of 20,000 registered voters it claims are non-citizens.
• Los Angeles election officials found a "high percentage" of a 200-person sample from the list were born in the United States.
• Governor Gavin Newsom called the ruling a "welcome speed bump" to Trump's attacks on democracy.

A federal appeals court on Monday rejected the Trump administration's attempt to stop California from counting the ballots of 20,000 registered voters that the justice department says are non-citizens. The San Francisco-based ninth US circuit court of appeals ruled 2-1, denying the department's demand that election officials set aside the ballots until the people on the list could confirm their citizenship.

The justice department had given the California secretary of state 48 hours to carry out the order, and state election officials refused, which led to the lawsuit. The ruling is a setback for Trump's push for a larger federal role in overseeing elections before the 3 November midterms.

Doubts over the voter list

It is unclear how the justice department built its list of 20,000 non-citizen registered voters or how accurate it is. Court filings last week showed that Los Angeles election officials analyzed a sample of 200 people on the list and found that a "high percentage" were born in the United States.

California officials say the department has not provided data or methodology for its allegations. Secretary of state Shirley Weber called the claims "vague and unsubstantiated" in a letter this month, and said the Department of Homeland Security claimed earlier this year that 190,000 California voters "may be" non-citizens without explaining how it reached that figure.

Today’s ruling is a positive development and a welcome speed bump to Trump’s disgusting attacks on the constitution and our country’s democracy

— Gavin Newsom

Reaction from California

Attorney general Rob Bonta described Monday's decision as a victory for voting rights and a rejection of the administration's "unlawful overreach". Governor Gavin Newsom said Trump was carrying out an "assault on democracy".

Trump posted on his Truth Social platform on Monday that he would offer a $1m reward for any report leading to an arrest or conviction. The article notes he has long made unfounded claims that non-citizen voting is widespread, while experts and data have shown it is exceedingly rare.