The judge is questioning the Trump administration’s efforts to exert more influence over the electoral process ahead of the upcoming midterm elections.
Published October 26, 2026
A U.S. appeals court has expressed doubts about the Justice Department’s lawsuit against California, which seeks to force the state to throw out mail-in ballots it determines could be cast by non-citizens.
Circuit Judge Mark Bennett said Sunday that the three-judge panel would issue a decision as soon as possible following an unusual weekend of oral arguments.
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But Bennett, an appointee of Republican President Donald Trump, expressed concern that the case would not stand up to scrutiny.
He pointed to the U.S. Constitution’s Elections Clause, which allows states rather than the federal government to administer elections.
“You appear to want us to issue an injunction that is completely inconsistent with the law adopted by the California Legislature under the Elections Clause,” Bennett told Justice Department attorney Matthew Donnelly. “How can I do that?”
The incident is part of a larger effort under the right-wing Trump administration to crack down on alleged non-referendum votes ahead of the crucial Nov. 3 midterm elections.
On October 15, less than three weeks before the midterm elections, the Justice Department issued a complaint targeting California, a left-wing stronghold.
The government has asked a federal court to preserve thousands of mail-in ballots that the government says were sent to “probably non-citizens.”
The lawsuit says the Trump administration sent California officials a list of 20,000 names that it believes are ineligible to vote based on citizenship.
President Trump has often made the discredited claim that the Democratic Party benefits from widespread voting by non-citizens.
California has long been one of his targets for election misinformation.
President Trump criticized the state’s primary election earlier this year after he felt right-wing candidates like Los Angeles mayoral candidate Spencer Pratt did not live up to expectations.
“There has been massive fraud by the Democratic Party in California,” he wrote on social media at the time.
The state later announced that it would be investigated by federal prosecutors.
Trump’s efforts have raised concerns, with critics accusing him of trying to reduce voter turnout through intimidation and disruption.
Midterm elections will determine which political party controls the U.S. Congress, as well as key state and local positions.
However, public opinion polls predict that the Republican candidate faces tough odds, given President Trump’s low approval ratings and dissatisfaction with issues such as the cost of living and the U.S.-Israel war against Iran.
Voting rights advocates have warned that the Trump administration has not made public how it created lists of noncitizen voters, and that whistleblower reports also cast doubt on the accuracy of such lists.
California responded to the Oct. 15 lawsuit by saying it has strong safeguards in place to prevent noncitizens from voting.
He also said the Justice Department’s claims are based on questionable data.
“This is President Trump’s sad and desperate attempt to use his politicized Department of Justice to suppress California voters just three weeks before Election Day,” California Governor Gavin Newsom said in a statement earlier this month.
“We will continue to hold free and fair elections in the Golden State and condemn this authoritarian, who attempts all his tactics.”
