--- title: "Appeals court sends noncitizen ballot case back to district court" publication: "MediaBias News" url: "https://mediabias.news/politics/appeals-court-sends-noncitizen-ballot-case-back-to-district-court" api: "https://mediabias.news/api/v1/stories/appeals-court-sends-noncitizen-ballot-case-back-to-district-court" markdown: "https://mediabias.news/politics/appeals-court-sends-noncitizen-ballot-case-back-to-district-court.md" audio: "https://mediabias.news/api/audio/appeals-court-sends-noncitizen-ballot-case-back-to-district-court" category: "Politics" area: "United States" published: "2026-10-27T00:05:44.999Z" source_reported: "2026-10-26T23:49:00.000Z" updated: "2026-10-27T00:05:44.999Z" trust_score: 76 critic_score: 85 hype_score: 30 assessment_type: "coverage-and-source-reporting-analysis" fact_check_status: "not-performed" coverage_measured: "2026-10-27T00:00:13.951407+00:00" --- # Appeals court sends noncitizen ballot case back to district court *The 9th Circuit ruled it lacked jurisdiction to hear the Justice Department's request.* **Scores for the source reporting** (0-100, assessing the original journalism this article was written from, not this write-up): - Trust 76 of 100, higher is better. Trust 76: multiple independent outlets, named 9th Circuit court, judges, 20,000 ballots figure, and date provided. - Craft 85 of 100, higher is better. Critic 85: explains why it matters, names next hearing, separates facts, includes specific names and figures. - Hype 30 of 100, lower is better. Hype 30: headlines mildly emphatic but body factual, no sensational language. Scored by MediaBias News; method at https://mediabias.news/methodology. **The short version** - The 9th Circuit Court of Appeals has rejected the Justice Department's request to set aside about 20,000 California mail-in ballots suspected of being cast by noncitizens. - The appeals court panel ruled 2-1 that it lacked jurisdiction to hear the Justice Department's emergency appeal at this stage. - The case has been sent back to the U.S. District Court in California, where a hearing is scheduled for Tuesday. - Judges Mark Bennett and Gabriel Sanchez formed the majority, while Judge Patrick Bumatay dissented. The 9th Circuit Court of Appeals has rejected a request from the Justice Department to set aside approximately 20,000 California mail-in ballots that the department alleges belong to noncitizens. The panel of judges ruled 2-1 that the appeals court does not have jurisdiction to hear the Justice Department's request at this stage of the litigation. The ruling sends the case back to the U.S. District Court in California, where a hearing is scheduled for Tuesday. Judges Mark Bennett and Gabriel Sanchez joined the majority opinion, while Judge Patrick Bumatay dissented. The Justice Department had appealed to the 9th Circuit after the district court judge did not issue a ruling last week. ## Disagreement on the majority's reasoning The majority opinion stated that the appeals court lacked jurisdiction, and that some of the delay in the case was attributable to the United States's own actions. Judge Patrick Bumatay dissented from this reasoning. ## What the coverage left out None of the left-rated, centre-rated, or right-rated digests mention the specific names of the judges who formed the majority or dissented in the case. The full reports from ABC News and KIFI name Judges Mark Bennett, Gabriel Sanchez, and Patrick Bumatay. ## Who covered it Shares of the 43 covering outlets with a published leaning rating: - Left: 40% (17) - Centre: 55% (24) - Right: 5% (2) 3 of 46 covering outlets carried no usable leaning rating and were excluded from those percentages. Coverage measured 2026-10-27T00:00:13.951407+00:00. **Coverage watch:** developing. Checked 1 time; 0 checks found a material change. Most recently checked 2026-10-27T00:15:17.920Z. ## How the sides framed it ### Left - Left-rated reports led with the appeals court rejecting the Justice Department's request. Several reports highlighted that the case was sent back to the district court for a hearing. ABC News noted the ruling was a rejection of the Trump administration's lawsuit. The Los Angeles Times stated the decision clears the way for the lower court to proceed with hearing the case. Other left-rated outlets, including Rocky Mountain Outlook, Orillia Matters, Collingwood Today, Bowen Island Undercurrent, Sudbury, ElliotLakeToday.com, thealbertan.com, and The Independent, used headlines that focused on the court declining to rule on the federal bid to set aside ballots. ### Centre - Centre-rated reports also focused on the appeals court rejecting the Justice Department's request. KIFI reported that the court denied the Justice Department's emergency appeal. Many centre-rated outlets, such as KSBW, WCVB, WLKY, Koco News5, WTAE, WISN, KETV, WVTM, and KOAT, used headlines stating the appeals court declined to rule on the federal bid to set aside California ballots of alleged noncitizens. Telemundo 20 and Telemundo 52 reported that the Trump administration refused to separate the ballots. ### Right - The single right-rated report, from RedState, stated that the 9th Circuit denied the DOJ appeal to block California from processing likely noncitizen mail ballots. Its headline also noted that the case heads back to district court. ## Factuality profile of the covering outlets These are published factuality ratings of the outlets, not a verdict on whether this story or its claims are true. - mixed: 3 - high: 16 - unknown: 3 - veryHigh: 24 ## Verification scope This page compares coverage and scores the source reporting. It is not a ClaimReview verdict on whether the underlying event or claim is true. ## Original reporting this was written from - [Everett Post](https://everettpost.com/state-news/9th-circuit-dismisses-feds-latest-effort-to-regulate-california-elections) — 9th Circuit dismisses feds' latest effort to regulate California elections - [KSBW](https://ksbw.com/article/california-ballots-noncitizen-voter-dispute/74254058) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [WCVB](https://wcvb.com/article/appeals-court-california-ballots-alleged-noncitizens/74253826) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [WLKY](https://wlky.com/article/appeals-court-california-ballots-alleged-noncitizens/74253826) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [Koco News5](https://koco.com/article/appeals-court-california-ballots-alleged-noncitizens/74253826) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [WTAE](https://wtae.com/article/appeals-court-california-ballots-alleged-noncitizens/74253826) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [WISN](https://wisn.com/article/appeals-court-california-ballots-alleged-noncitizens/74253826) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [KETV](https://ketv.com/article/appeals-court-california-ballots-alleged-noncitizens/74253826) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [WVTM](https://wvtm13.com/article/appeals-court-california-ballots-alleged-noncitizens/74253826) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [KOAT](https://koat.com/article/appeals-court-california-ballots-alleged-noncitizens/74253826) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [WPBF](https://wpbf.com/article/appeals-court-california-ballots-alleged-noncitizens/74253826) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [WGAL](https://wgal.com/article/appeals-court-california-ballots-alleged-noncitizens/74253826) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [KHBS](https://4029tv.com/article/appeals-court-california-ballots-alleged-noncitizens/74253826) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [MOR-TV](https://mor-tv.com/article/appeals-court-california-ballots-alleged-noncitizens/74253826) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [Rocky Mountain Outlook](https://rmoutlook.com/world-news/appeals-court-declines-to-rule-on-federal-bid-to-set-aside-california-ballots-of-alleged-noncitizens-12941535) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [Orillia Matters](https://orilliamatters.com/world-news/appeals-court-declines-to-rule-on-federal-bid-to-set-aside-california-ballots-of-alleged-noncitizens-12941535) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [Collingwood Today](https://collingwoodtoday.ca/world-news/appeals-court-declines-to-rule-on-federal-bid-to-set-aside-california-ballots-of-alleged-noncitizens-12941535) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [Bowen Island Undercurrent](https://bowenislandundercurrent.com/world-news/appeals-court-declines-to-rule-on-federal-bid-to-set-aside-california-ballots-of-alleged-noncitizens-12941537) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [Sudbury](https://sudbury.com/world-news/appeals-court-declines-to-rule-on-federal-bid-to-set-aside-california-ballots-of-alleged-noncitizens-12941535) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [ElliotLakeToday.com](https://elliotlaketoday.com/world-news/appeals-court-declines-to-rule-on-federal-bid-to-set-aside-california-ballots-of-alleged-noncitizens-12941535) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [thealbertan.com](https://thealbertan.com/world-news/appeals-court-declines-to-rule-on-federal-bid-to-set-aside-california-ballots-of-alleged-noncitizens-12941535) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [The Independent](https://independent.co.uk/news/california-los-angeles-justice-department-democratic-republican-b3073812.html) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [The Independent (US)](https://the-independent.com/news/california-los-angeles-justice-department-democratic-republican-b3073812.html) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [Enid News & Eagle](https://enidnews.com/region/appeals-court-declines-to-rule-on-federal-bid-to-set-aside-california-ballots-of-alleged/article_717771dc-da99-5e2f-a4e8-516ba4f1604c.html) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [Henry Herald](https://henryherald.com/news/world_nation/appeals-court-declines-to-rule-on-federal-bid-to-set-aside-california-ballots-of-alleged/article_22646fc7-2464-525a-a236-202c6a51eb19.html) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [KWWL](https://kwwl.com/news/social/appeals-court-rejects-trump-doj-demand-to-set-aside-20-000-california-mail-ballots/article_8b17021c-3446-5e9f-a877-666fcc73e799.html) — Appeals court rejects Trump DOJ demand to set aside 20,000 California mail ballots - [Local 3 News](https://local3news.com/regional-national/appeals-court-rejects-trump-doj-demand-to-set-aside-20-000-california-mail-ballots/article_7c8ca616-af43-5783-bc78-7d8dc707532d.html) — Appeals court rejects Trump DOJ demand to set aside 20,000 California mail ballots - [WKBT](https://news8000.com/news/politics/national-politics/appeals-court-rejects-trump-doj-demand-to-set-aside-20-000-california-mail-ballots/article_c2cb1da1-2f9d-57ac-b714-8f962f3e36cb.html) — Security Check - [Los Angeles Times](https://latimes.com/politics/story/2026-10-26/9th-circuit-denies-feds-appeal-over-20-000-ballots-district-court-hearing-to-proceed) — 9th Circuit denies feds' appeal over 20,000 ballots; district court hearing to proceed - [abc News](https://abcnews.com/Politics/appeals-court-rejects-trump-admins-voting-lawsuit-california/story?id=137586284) — Appeals court rejects Trump admin's voting lawsuit against California - [KCRA 3](https://kcra.com/article/appeals-court-dismisses-justice-department-effort-to-challenge-california-ballots/74253770) — Appeals court dismisses Justice Department effort to challenge California ballots - [Telemundo 20](https://telemundo20.com/noticias/california/rechazan-intento-gobierno-trump-separar-miles-boletas-electorales-california/2549827) — Trump Administration Refuses to Separate 20,000 Ballots in California · Global Voices - [Telemundo 52](https://telemundo52.com/noticias/local/rechazan-intento-gobierno-trump-separar-miles-boletas-electorales-california/2909889) — Trump Administration Refuses to Separate 20,000 Ballots in California · Global Voices - [WKMG](https://clickorlando.com/news/politics/2026/10/26/appeals-court-declines-to-rule-on-federal-bid-to-set-aside-california-ballots-of-alleged-noncitizens) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [The Daily Item](https://dailyitem.com/wire/federal-appeals-court-declines-to-rule-on-justice-department-bid-to-set-aside-california-ballots/article_471184fd-1e49-568f-84c0-bad131058009.html) — Federal appeals court declines to rule on Justice Department bid to set aside California ballots of alleged noncitizens - [Newsmax](https://newsmax.com/newsfront/doj-lost-california/2026/10/26/id/1274087) — Court Rejects Trump Bid to Block California Mail Ballots - [KRDO](https://krdo.com/politics/cnn-us-politics/2026/10/26/appeals-court-rejects-trump-doj-demand-to-set-aside-20000-california-mail-ballots) — Appeals court rejects Trump DOJ demand to set aside 20,000 California mail ballots - [Democracy Docket](https://democracydocket.com/news-alerts/doj-cant-leapfrog-lower-court-in-bid-to-block-20000-california-voters-appeals-court-rules) — DOJ can’t leapfrog lower court in bid to block 20,000 California voters, appeals court rules - [CNN](https://cnn.com/2026/10/26/politics/california-mail-ballot-noncitizen-appeals-court-rejects) — Appeals court rejects Trump DOJ demand to set aside 20,000 California mail ballots - [KIFI](https://localnews8.com/politics/cnn-us-politics/2026/10/26/appeals-court-rejects-trump-doj-demand-to-set-aside-20000-california-mail-ballots) — Appeals court rejects Trump DOJ demand to set aside 20,000 California mail ballots - [BizToc](https://biztoc.com/x/900864d9ef1c82c8) — DOJ Bid for Fast Ruling in California Voting Case Rejected - [RedState](https://redstate.com/jenvanlaar/2026/10/26/dojs-lawsuit-over-ca-mail-ballots-to-likely-noncitizens-heads-back-to-district-court-n2208652) — 9th Circuit Rules on Trump DOJ's Appeal Regarding CA Mail Ballots to Likely Noncitizens - [St Catharines Standard](https://stcatharinesstandard.ca/news/world/united-states/appeals-court-declines-to-rule-on-federal-bid-to-set-aside-california-ballots-of-alleged-noncitizens/article_233c0b8b-fdb3-5c2a-b23a-41b996315969.html) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [Winnipeg Free Press](https://winnipegfreepress.com/world/2026/10/26/appeals-court-declines-to-rule-on-federal-bid-to-set-aside-california-ballots-of-alleged-noncitizens) — Appeals court declines to rule on federal bid to set aside California ballots of alleged noncitizens - [Bloomberg](https://bloomberg.com/news/articles/2026-10-26/doj-bid-for-fast-ruling-in-california-voting-case-rejected) — DOJ Bid for Fast Ruling in California Voting Case Rejected - [Politico](https://politico.com/news/2026/10/26/california-election-ballots-justice-department-ruling) — Appeals court rejects DOJ’s bid to quickly force California to set aside ballots ## Questions **What did the 9th Circuit Court of Appeals rule?** The 9th Circuit Court of Appeals rejected the Justice Department's request to set aside approximately 20,000 California mail-in ballots alleged to be from noncitizens. The court ruled it lacked jurisdiction to hear the appeal at this stage. **What happens next in the case?** The case has been sent back to the U.S. District Court in California. A hearing is scheduled to take place on Tuesday to address the Justice Department's lawsuit. **Was the appeals court ruling unanimous?** No, the ruling from the three-judge panel was split 2-1. Judges Mark Bennett and Gabriel Sanchez joined the majority decision, while Judge Patrick Bumatay dissented. --- MediaBias News — https://mediabias.news. Reproduced from https://mediabias.news/politics/appeals-court-sends-noncitizen-ballot-case-back-to-district-court. Please cite as: MediaBias News, "Appeals court sends noncitizen ballot case back to district court", https://mediabias.news/politics/appeals-court-sends-noncitizen-ballot-case-back-to-district-court