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Appeals court rejects Justice Department request for California to set aside disputed ballots

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Appeals court rejects Justice Department request for California to set aside disputed ballots
News

News

Appeals court rejects Justice Department request for California to set aside disputed ballots

2026-10-31 06:33 Last Updated At:06:40

LOS ANGELES (AP) — A federal appeals court on Friday rejected the Justice Department’s request for California to set aside disputed ballots received in the midterm election, the latest setback for the Trump administration’s efforts to assert control over state-run elections.

The administration has alleged California sent ballots to some 20,000 people who may not be U.S. citizens. It wants the state to set those ballots aside and not count them until citizenship can be verified. California officials say the list is highly unreliable and most likely includes many people who are U.S. citizens.

A district court judge forcefully denied that request on Wednesday and warned that the Justice Department’s demands could disenfranchise citizens.

“As the district court found — and we discern no clear error — there is no feasible way to identify and segregate the ballots of specific individuals without potentially catastrophic effects on the entire system,” the 9th Circuit Court of Appeals panel wrote in its 2-1 ruling.

The majority opinion was authored by Judge Mark J. Bennett, who was appointed by President Donald Trump, and Judge Gabriel P. Sanchez, who was appointed by former President Joe Biden.

A Justice Department spokesperson did not immediately respond to a request for comment on the ruling. But in a statement about the sweeping efforts to root out noncitizen voting, it said: “Federal law prohibits noncitizens from voting. Enforcing that law is not an agenda item. It is the Department’s job."

Millions of people have already voted in California in the midterm election that concludes Tuesday. Hundreds of thousands of ballots have already been processed. Elections officials have said that processed votes can’t be matched back to the voters who submitted them.

Elsewhere, the Trump administration issued a raft of subpoenas in Alaska in a spoiler-candidate controversy. The Justice Department has also provided a list of alleged noncitizen voters to officials in Washington state.

Lawyers for the Justice Department have previously said they will appeal to the U.S. Supreme Court.

In his dissent, Judge Patrick J. Bumatay argued that California’s unwillingness to separate the ballots encourages the “violation of federal law.”

“California says it can do nothing to prevent illegal voting,” Bumatay, who was appointed by Trump, wrote. “That undermines the federal government’s interest in promoting election integrity and preventing the dilution of lawful votes.”

Earlier on Friday, another federal judge ordered the Trump administration to share the disputed list of names with lawyers for the Coalition for Humane Immigrant Rights and the UCLA Voting Rights Project. They want to examine who is on the list and assess its impact on eligible voters.

It will be the first time that a nongovernment organization will have the opportunity to evaluate the merits of the list of some 20,000 names. The federal government promptly appealed the decision on Friday evening.

The Democratic candidate for California governor, Xavier Becerra, is an adviser to the UCLA Voting Rights Project.

The two groups sued the Homeland Security Department in early October to prevent it from using federal immigration data to challenge state voter rolls. The lawsuit cited examples in other states where the federal government’s data has been proven to mistakenly include thousands of citizens. It argued that the data-matching methods risk disenfranchising or deterring citizens from voting. On top of that, plaintiffs argued, the lists could disproportionately target naturalized citizens who are legally entitled to vote.

The Justice Department argues that there is just as much to lose if the ballots aren’t separated.

“Every ballot cast by an ineligible voter cancels out the vote of an American citizen," Kiersten V. Pels, a spokesperson for the department, wrote in an email. "The Department makes no apology for protecting those votes.”

In a separate but related 9th Circuit Court decision on Friday, a panel of judges ruled that federal investigations into illegal voting by noncitizens will remain on hold in nine states until after Election Day.

The judges, all nominated by Democratic presidents, found that the aggressive and public investigations led some citizens to decide not to engage in election-related activities out of fear of being wrongly targeted.

The judges said the investigations, which are looking into alleged illegal voting in past elections, can resume after the midterms wrap up Tuesday.

A coalition of unions on Friday also joined the growing list of groups challenging the federal government’s efforts.

The unions, including the A.F.L.-C.I.O. and the American Federation of State, County and Municipal Employees, are asking a federal judge to temporarily block the Justice Department from demanding that local officials stop counting ballots and to drop threats to criminally prosecute officials who do not comply with their demands.

The top federal prosecutor in Los Angeles, Bill Essayli, has warned that “any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy.”

On Thursday, The Associated Press obtained subpoenas issued to election officials in Los Angeles County. The subpoenas request any documents and communications related to letters sent in July and October by federal officials to state election officials outlining the allegations about noncitizen voters. They also seek any information about efforts to prevent noncitizen votes from being counted. At least three L.A. County election officials have been asked to appear before a grand jury Wednesday, the day after the election.

The lawsuit accuses the Justice Department of issuing threats against election officials that could interfere with their ability to process votes.

It is unclear whether the Justice Department intends to bring criminal charges against anyone. The department does not typically subpoena people whom it regards as targets of a criminal investigation to appear before a grand jury.

——-

Associated Press writer Swenson reported from New York; Mulvihill reported from Haddonfield, New Jersey.

FILE - Ballots are inspected the day after California's primary election at the Los Angeles County Ballot Processing Center, June 3, 2026, in City of Industry, Calif. (AP Photo/Jae C. Hong, File)

FILE - Ballots are inspected the day after California's primary election at the Los Angeles County Ballot Processing Center, June 3, 2026, in City of Industry, Calif. (AP Photo/Jae C. Hong, File)

MILWAUKEE (AP) — It was only fitting that the Milwaukee Brewers celebrated their first World Series title with a beer-soaked celebration worthy of their name.

“We’ve had way too many parade beers,” team captain and designated hitter Christian Yelich said Friday at a rally that capped a daylong party with fans. “I took the trophy to the face, got a black eye. It’s all worth it. It’s for you guys. We should celebrate forever.”

The small-market Brewers gave their long-suffering fans the championship they had been waiting for with a 4-1 win over the Tampa Bay Rays on Wednesday, clinching the Series in five games. It was their first time playing in the Fall Classic in 44 years.

That long wait made Friday’s celebration that much sweeter.

“Unbelievable,” said parade attendee Mark Diedrich, a 76-year-old from who has been an on-and-off partial season ticket holder since the 1980s. “You just never thought it would happen. But it did.”

Before the rally at American Family Insurance Amphitheater near the shore of Lake Michigan, the Brewers held a parade through downtown Milwaukee. Exuberant fans flooded the streets, watched from parking garages and cheered from office building windows.

Milwaukee police estimated that over 750,000 attended the parade or rally, well above their initial expectations of about 400,000.

“That was incredible — incredible,” manager Pat Murphy said. “I kept thinking I saw the same people over and over, and we were just going in a circle. There’s no way there’s that many people who live here.”

Then came a rally that featured World Series MVP William Contreras joining in on the fans’ “MVP” chants.

“We win the trophy for you guys, for the city,” Contreras said.

The rally concluded with hitting coach Daniel Vogelbach performing a karaoke version of “Stacy’s Mom” by Fountains of Wayne and Hall of Fame shortstop Robin Yount riding onto the stage on a Harley Davidson owned by beloved broadcaster Bob Uecker.

Yount was an MVP when the Brewers made their last World Series appearance, losing in seven games to the St. Louis Cardinals in 1982. By the time they got back, it was without Uecker, who called Brewers games for 54 seasons before dying in January 2025 at the age of 90.

The Brewers made sure he was remembered. The parade route ran through a downtown mural honoring Uecker, and 2011 MVP Ryan Braun led a “Ueck” cheer during the rally.

“God bless you, Bob Uecker,” Yount said at the end of the ceremony.

At the parade, Brewers players, coaches and staffers waved to fans from the top of buses, some of which bore the message, “Won Our Way,” to update their postseason slogan of “Win Our Way.” Several players, such as outfielder Sal Frelick and second baseman Brice Turang, removed their shirts in a nod to this seasons’ MLB-wide “Tarps Off” craze as they exhorted the crowd.

Players took turns holding the Commissioner’s Trophy aloft, with many of them getting off their buses and greeting fans.

“For me and my teammates, this has been the most special day of our lives — you guys showing up here and cheering us on,” said Aaron Ashby, who set a major league record by throwing 18 consecutive scoreless innings of relief in the postseason to lead Milwaukee’s stellar bullpen performance. “This is better than anything we could ever imagine.”

Every level of the Brewers franchise was represented in the parade, from owner Mark Attanasio to grounds crew members, behind-the-scenes staff and even the Johnsonville racing sausages. Yount and fellow Hall of Famers Rollie Fingers, Paul Molitor and Ted Simmons from that 1982 team also participated in the parade and rally.

“Good things come to those who wait,” Molitor said. “We waited long enough.”

The end of that wait had families bringing multiple generations of fans downtown, as Milwaukee Public Schools canceled classes.

Craig Muehl, a 42-year-old from the Milwaukee suburb of Brookfield, said he inherited his Brewers fandom from his father. Muehl woke up early to attend the parade with his young son and daughter.

“It all started, just like many families around here, sitting outside in the summer and fall,” Muehl said. “My dad had the Brewers game on the radio everywhere we went. Some families have music on the radio. We had the Brewers games all summer long."

Diedrich, who is from Necedah, Wisconsin, said he owns the seats from the old Milwaukee County Stadium where he and one of his sons were sitting when Yount got his 3,000th hit in 1992.

“We could tell you stories for days of all the games we went to,” Diedrich said. “I remember going to opening day with these guys and there was ice on the steps of County Stadium. We’re sitting down to get ready for the game and a guy’s spreading salt to melt the ice on the steps.”

The celebration actually started well before Friday.

Several Brewers, including Yelich and Cy Young Award favorite Jacob Misiorowski, went to Lambeau Field for Thursday night’s Green Bay Packers game. They received a huge ovation, especially when pitcher Brandon Woodruff emerged from the tunnel in the second quarter holding the Commissioner’s Trophy.

A few players attempted a “Lambeau leap” into the crowd, with Frelick having the most success.

“It was unbelievable,” said Frelick, a former high school quarterback. “It’s been a dream of mine. I was in the end zone, I saw it, and I said, ‘I’ve got to go.’ So I went.”

Those Brewers players later were shown on the video board cheering as they wore cheeseheads that included the message, “2026 WS Champions.”

The current franchise originated as the Seattle Pilots in 1969 before moving to Milwaukee and becoming the Brewers the following year.

Milwaukee has celebrated a World Series title once before. The Milwaukee Braves won the 1957 World Series over the New York Yankees before moving to Atlanta in 1966.

Associated Press writer Scott Bauer contributed to this story.

See AP’s full MLB coverage here

Milwaukee Brewers Aaron Ashby, right, holds up the Commissioner's Trophy as he celebrates with teammates during a rally at the baseball team's World Series Parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

Milwaukee Brewers Aaron Ashby, right, holds up the Commissioner's Trophy as he celebrates with teammates during a rally at the baseball team's World Series Parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

Milwaukee Brewers fans arrive for a rally during the baseball team's World Series parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

Milwaukee Brewers fans arrive for a rally during the baseball team's World Series parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

A Milwaukee Brewers fan dressed as the Commissioner's Trophy arrives for a rally during the baseball team's World Series parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

A Milwaukee Brewers fan dressed as the Commissioner's Trophy arrives for a rally during the baseball team's World Series parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

A fan holds a sign as they arrive for a rally during the baseball team's World Series parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

A fan holds a sign as they arrive for a rally during the baseball team's World Series parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

Milwaukee Brewers fans arrive for a rally during the baseball team's World Series parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

Milwaukee Brewers fans arrive for a rally during the baseball team's World Series parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

A fan arrives with a Milwaukee Brewers' Champions hat during the baseball team's World Series parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

A fan arrives with a Milwaukee Brewers' Champions hat during the baseball team's World Series parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

A Milwaukee Brewers' fan holds up a sign as he waits for the baseball team to arrive for a rally during their World Series parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

A Milwaukee Brewers' fan holds up a sign as he waits for the baseball team to arrive for a rally during their World Series parade, Friday, Oct. 30, 2026, in Milwaukee. (AP Photo/Nam Huh)

Milwaukee Brewers catcher William Contreras, left, celebrates after their win against the Tampa Bay Rays in baseball's World Series, Wednesday, Oct. 28, 2026, in St. Petersburg, Fla. (AP Photo/Ashley Landis)

Milwaukee Brewers catcher William Contreras, left, celebrates after their win against the Tampa Bay Rays in baseball's World Series, Wednesday, Oct. 28, 2026, in St. Petersburg, Fla. (AP Photo/Ashley Landis)

Milwaukee Brewers catcher William Contreras holds the MVP trophy after they won baseball's World Series against the Tampa Bay Rays, Wednesday, Oct. 28, 2026, in St. Petersburg, Fla. (AP Photo/Ashley Landis)

Milwaukee Brewers catcher William Contreras holds the MVP trophy after they won baseball's World Series against the Tampa Bay Rays, Wednesday, Oct. 28, 2026, in St. Petersburg, Fla. (AP Photo/Ashley Landis)

World Series Champions Milwaukee Brewers right fielder Sal Frelick, center, leaps into the stands as arrives with his baseball team during the first half of an NFL football game between the Green Bay Packers and the Carolina Panthers in Green Bay, Wis., Thursday, Oct. 29, 2026. (AP Photo/Matt Ludtke)

World Series Champions Milwaukee Brewers right fielder Sal Frelick, center, leaps into the stands as arrives with his baseball team during the first half of an NFL football game between the Green Bay Packers and the Carolina Panthers in Green Bay, Wis., Thursday, Oct. 29, 2026. (AP Photo/Matt Ludtke)

Milwaukee Brewers' Christian Yelich holds up the Commissioner's Trophy during the first half of an NFL football game between the Green Bay Packers and the Carolina Panthers in Green Bay, Wis., Thursday, Oct. 29, 2026. (AP Photo/Matt Ludtke)

Milwaukee Brewers' Christian Yelich holds up the Commissioner's Trophy during the first half of an NFL football game between the Green Bay Packers and the Carolina Panthers in Green Bay, Wis., Thursday, Oct. 29, 2026. (AP Photo/Matt Ludtke)

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