The essentials
A federal appeals court dismissed the Justice Department's bid for an order in its California mail-ballot case.
A federal appeals court has dismissed the Justice Department's bid for an order in its dispute with California over mail ballots from about 20,000 people. The panel had heard rare Sunday arguments in the case, but it declined to rule on the expedited timeline the department sought.
The ruling came as a hearing was scheduled on the department's request that California be forced to set aside those ballots. The case concerns voters flagged as likely noncitizens, a classification the state has disputed.
A sample of Los Angeles County records from the federal list was reviewed, and the entries included ineligible or inactive records. The size of the sample and the criteria used to classify the entries are not detailed in the available facts, and the district court proceedings remain pending.
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Appellate Timeline Moves Forward as Hearings Are Set
The appeals panel heard arguments on a Sunday, an uncommon scheduling step, but declined to set the expedited timeline the Justice Department requested. The court then dismissed the department's bid for an order. A district court hearing on the request to set aside ballots is now scheduled, and the next procedural steps will determine whether the case advances further.
California Faces Ballot Set-Aside Request as Litigation Continues
California has argued that separating mail-in ballots could be disruptive to tabulation. Los Angeles County's review of a sample from the federal list found ineligible or inactive entries, which state and county officials have pointed to as evidence of the list's limitations. With the appeal dismissed and a hearing scheduled, state officials continue to contest the federal demand in court.