BREAKING: In a 6-5 vote, the Ninth Circuit reinstated its earlier ruling lifting restrictions on the Trump administration's efforts to have states set aside suspected noncitizen ballots, allowing it to resume such requests and warn election officials of prosecution. pic.twitter.com/w6UFfDfHlP
— SCOTUS Wire (@scotus_wire) November 3, 2026
It also suspends requirements that the administration disclose certain pending warrants and grand jury subpoenas involving allegedly ineligible voters, as well as a requirement to notify election officials of the district judge's order.
— SCOTUS Wire (@scotus_wire) November 3, 2026
Five judges dissented. Chief Judge Murguia argued that threats of prosecution leave election officials facing conflicting legal obligations. Judge Desai warned that the court's rapidly changing orders, issued on Election Day, risk confusion and disenfranchisement.
— SCOTUS Wire (@scotus_wire) November 3, 2026
Read the ruling here:
The full Ninth Circuit reversed course again today, voting 6-5 to reinstate a three-judge panel’s order allowing the Justice Department to contact election officials about setting aside ballots from voters it suspects are noncitizens. The administration can also warn officials they could face prosecution if they refuse to comply. The fight involves voter lists covering roughly 20,000 people in California, with officials disputing the accuracy of the federal data. The ruling does not order states to set aside ballots or establish that the flagged voters are noncitizens. It removes the court restriction that had blocked the administration from making those requests and warnings while the case continues.
Earlier in the day, the court had vacated the panel’s order and agreed to rehear the dispute. The 6-5 vote puts the panel’s order back in effect for now. California and Washington are not required to follow the DOJ’s requests simply because of this ruling.
https://dailybeltway.com/us-politics/full-ninth-circuit-lets-doj-resume-noncitizen-ballot-warnings/
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