Appeals Court Declines to Block California From Counting Ballots Flagged by DOJ as Noncitizen

A federal appeals court ruled 2-1 on Monday against the Trump administration's emergency request to block California from counting mail ballots from more than 20,000 registered voters the federal government alleges are likely noncitizens. The San Francisco-based 9th U.S. Circuit Court of Appeals said the Justice Department had not given the lower court judge an adequate opportunity to consider the case, so it would be premature for the appeals court to weigh in. Judge Gabriel Sanchez wrote in a concurrence that the request would have a federal court dictate to a state legislature a matter within the state's domain. Judge Patrick Bumatay dissented, citing a federal sovereign interest in protecting federal elections. The DOJ sued on October 15, asking California to verify each name or keep the ballots separate. California refused, disputing the data and the short deadline. Federal prosecutor Bill Essayli said California told a court it does not independently check voters' citizenship. The midterm elections are November 3. On Tuesday, a federal judge said he was considering appointing a special master to evaluate the claims and determine whether counties could separate any such ballots.

Left-leaning outlets HuffPost (running Reuters copy) and CBS News frame the story around the administration's setback and the state's objections. HuffPost leads with the loss, the vote count and Sanchez's warning of disorder and confusion. CBS features California officials calling the suit a political stunt and former Pennsylvania election official Kathy Boockvar. Right-leaning Breitbart and The Blaze also report the denial but give more space to the DOJ's side. Breitbart quotes Bumatay's dissent and Essayli's account of California's admission, and describes how the list was built. The Blaze calls the voters "questionable" and notes California says there is too little time to verify them. Both sides agree on the 2-1 vote and the roughly 20,000 ballots. They differ in whose voices they feature. Alternative outlet AP adds the special master angle.