United States of America v. State of California (noncitizen ballots)
Overview
Overview
A Justice Department lawsuit seeking to restrict how California handles vote-by-mail ballots the government says were cast by noncitizens, filed weeks before the November 2026 election. After a federal judge set a hearing instead of granting an immediate emergency order, the government took the unusual step of appealing to the Ninth Circuit and asking for an injunction while that appeal proceeds. No court has yet ruled on the merits, and California and Latino civil-rights groups are seeking to have the case dismissed.
The Facts
The Facts
The United States filed this suit on October 15, 2026 against the State of California, Secretary of State Shirley Weber, and Los Angeles County Registrar of Voters Dean Logan. The government asked for an emergency temporary restraining order and a preliminary injunction concerning vote-by-mail ballots it alleges were cast by noncitizens. On October 21 the government filed an emergency ex parte application for a temporary restraining order. Judge David O. Carter set a hearing on that application for October 27, 2026, set a briefing schedule, and directed proposed intervenor-defendants, including Services, Immigrant Rights and Education Network, Mi Familia en Accion, the League of United Latin American Citizens, and the NAACP, to appear. The State defendants and the Los Angeles County Registrar moved to dismiss the complaint.
The Issue
Issue
Whether the government is entitled to emergency relief restricting how California processes vote-by-mail ballots it alleges were cast by noncitizens, and whether the Ninth Circuit should grant an injunction pending appeal while the district court case continues.
The Rules
Rule
A temporary restraining order or preliminary injunction requires the moving party to show a likelihood of success on the merits, a likelihood of irreparable harm absent relief, that the balance of equities favors relief, and that relief serves the public interest. Under Federal Rule of Civil Procedure 62(d), a court may grant an injunction while an appeal from an order granting or denying an injunction is pending. States administer elections, including the processing of mail-in ballots, subject to federal statutory and constitutional limits.
The Application
Analysis
As of October 23, 2026, no court has ruled on whether the government is entitled to the relief it seeks. Judge Carter set the government's temporary-restraining-order application for a hearing on October 27, 2026 rather than granting immediate relief. The government then filed a notice of appeal to the Ninth Circuit, attaching its application papers, and separately asked the district court for an injunction pending appeal under Rule 62(d). The district court has set deadlines for briefing on the temporary restraining order. The State of California and the proposed Latino civil-rights intervenors argue the case should be dismissed.
The Conclusion
Conclusion
The case is at an early, fast-moving stage. The district court has not decided the government's request for emergency relief and has scheduled a hearing for October 27, 2026. The government's appeal to the Ninth Circuit and its request for an injunction pending appeal are pending, as are the motions to dismiss filed by California and the proposed intervenors. This page will be updated as the court rules.
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