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Politics · Rapid City

Ninth Circuit rejects California ballot exclusion demand

A three-judge panel ruled against the Justice Department's effort to remove 20,000 suspected noncitizen votes, leaving the Trump administration to seek review by the Supreme Court.

By Stella Brooks ·

Illustration for: Ninth Circuit rejects California ballot exclusion demand
Illustration generated for this article, not a news photograph.

A federal appeals court rejected a demand by the Trump administration on Friday to exclude 20,000 suspected noncitizen ballots from California election results. A three-judge panel of the U.S. 9th Circuit Court of Appeals issued the ruling against the U.S. Department of Justice. The decision sets the stage for a possible appeal to the U.S. Supreme Court.

The Department of Justice has pursued a campaign of escalating pressure on state election officials. Federal subpoenas sent to these officials mark the latest phase of that effort. The legal battle centers on the counting of specific ballots in California.

The Ninth Circuit panel ruled that the administration failed to meet the legal standard for setting aside the votes. The court denied the request to remove the 20,000 suspected noncitizen ballots from the tally. This outcome maintains the current count while the administration considers its next legal moves.

The case is one of several high-stakes legal battles involving the executive branch and state election authorities. The Department of Justice has utilized federal tools to challenge state-level processes. These actions have drawn attention from political observers on both sides of the aisle.

The administration can now petition the Supreme Court to take up the case. The court has not yet indicated whether it will accept the appeal. The lower court's decision stands immediately, allowing California to proceed with its current election certification process.

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