9th Circuit Dismisses DOJ Appeal Over 20,000 California Ballots for Lack of Jurisdiction
What happened
A three-judge panel of the U.S. 9th Circuit Court of Appeals dismissed a federal bid to force California election officials to segregate approximately 20,000 flagged ballots ahead of the November 3 midterm elections, citing a lack of jurisdiction.
The Context
* Jurisdictional boundaries held: The appellate court ruled 2-1 on October 26, 2026, that federal authorities could not bypass the lower court while district proceedings remained underway, sending the dispute back for a scheduled hearing. * The data dispute: The action followed an October 13 demand from federal officials instructing state registrars to isolate ballots identified via third-party software and federal records, a request state authorities resisted over reliability concerns. * Operational continuity sustained: With over 3 million ballots already cast statewide, county election administrators maintained standard tabulation procedures without operational pauses.
The Number
— The approximate count of challenged voter registrations at issue in the filing, demonstrating how targeted administrative challenges can surface days before a major vote without stalling broader operational infrastructure.
Takeaway
Watch the pending U.S. District Court hearing for clear indicators on how evidentiary requirements will shape future late-stage challenges to regional ballot processing.
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