Voting · Tuesday, October 27, 2026
Appeals court dismisses the California mail-ballot appeal
The File desk · Oct. 27, 2026, 6:27 a.m. ET
Partially confirmed2 primary sources
Status
Legal instrument
No. 26-7070
The Ninth Circuit appeal in the California mail-ballot case. The order filed October 26, 2026, dismisses the appeal for lack of jurisdiction and denies the emergency motion as moot. It does not decide whether the people on the government's list are noncitizens.
- ConfirmedThe order grants the County's motion to dismiss the appeal and denies the emergency motion as moot. Document 97 prints the hearing for October 27, 2026, at 1:00 p.m., with no time zone.
- DisputedThe United States calls the people on its list likely noncitizens. California's filing says the list is deeply flawed. The appeals court did not pick a winner.
Legal instrument
United States v. State of California
Civil case No. 2:26-cv-12025-DOC-ADS in the Central District of California. The United States asked Judge David O. Carter to segregate mail ballots from people it says are likely noncitizens. California says the list is deeply flawed. On October 26, 2026, the Ninth Circuit dismissed the appeal for lack of jurisdiction and did not decide that dispute. Document 97 prints a hearing for October 27, 2026, at 1:00 p.m., with no time zone. An Oct. 25 reply, not re-fetched on Tuesday, printed 1:00 p.m. PST. The order this desk read does not say the judge has ruled.
Legal instrument
No. 26-7070
The Ninth Circuit appeal in the California mail-ballot case. The order filed October 26, 2026, dismisses the appeal for lack of jurisdiction and denies the emergency motion as moot. It does not decide whether the people on the government's list are noncitizens.
Legal instrument
United States v. State of California
Civil case No. 2:26-cv-12025-DOC-ADS in the Central District of California. The United States asked Judge David O. Carter to segregate mail ballots from people it says are likely noncitizens. California says the list is deeply flawed. On October 26, 2026, the Ninth Circuit dismissed the appeal for lack of jurisdiction and did not decide that dispute. Document 97 prints a hearing for October 27, 2026, at 1:00 p.m., with no time zone. An Oct. 25 reply, not re-fetched on Tuesday, printed 1:00 p.m. PST. The order this desk read does not say the judge has ruled.
How we know
Notes
- 1.,
Legal instrument
United States v. State of California
Civil case No. 2:26-cv-12025-DOC-ADS in the Central District of California. The United States asked Judge David O. Carter to segregate mail ballots from people it says are likely noncitizens. California says the list is deeply flawed. On October 26, 2026, the Ninth Circuit dismissed the appeal for lack of jurisdiction and did not decide that dispute. Document 97 prints a hearing for October 27, 2026, at 1:00 p.m., with no time zone. An Oct. 25 reply, not re-fetched on Tuesday, printed 1:00 p.m. PST. The order this desk read does not say the judge has ruled.
, U.S. Court of Appeals for the Ninth Circuit, filed October 26, 2026. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/10/26/26-7070.pdf The district court number isLegal instrument
No. 26-7070
The Ninth Circuit appeal in the California mail-ballot case. The order filed October 26, 2026, dismisses the appeal for lack of jurisdiction and denies the emergency motion as moot. It does not decide whether the people on the government's list are noncitizens.
. The order says: “Accordingly, we grant the County’s motion to dismiss this appeal for lack of jurisdiction and deny as moot the United States’s emergency motion for relief.” It citesLegal instrument
United States v. State of California
Civil case No. 2:26-cv-12025-DOC-ADS in the Central District of California. The United States asked Judge David O. Carter to segregate mail ballots from people it says are likely noncitizens. California says the list is deeply flawed. On October 26, 2026, the Ninth Circuit dismissed the appeal for lack of jurisdiction and did not decide that dispute. Document 97 prints a hearing for October 27, 2026, at 1:00 p.m., with no time zone. An Oct. 25 reply, not re-fetched on Tuesday, printed 1:00 p.m. PST. The order this desk read does not say the judge has ruled.
as the statute for certain injunction appeals and says that route does not apply here. Concurrence by Judge Bennett. Concurrence by Judge Sanchez. Dissent by Judge Bumatay. The order says Judge David Carter “has reiterated his plans to hold a hearing on Tuesday, October 27, 2026” and “has committed to ‘rul[ing] promptly after hearing from the Parties.’” Charges are allegations; defendants are presumed innocent. This order is not a criminal judgment.Legal instrument
28 U.S.C. § 1292(a)(1)
The statute the Ninth Circuit order cites for certain appeals of injunctions. The order says that route does not apply, because the trial judge had not had an adequate chance to consider the request. This desk did not open the statute text.
- 2.Same order. It says that on October 13, 2026, the United States sent “a list of over 20,000 ‘likely’ noncitizens.” It says ballots were mailed to all registered voters on October 1, 2026, citing . It says the suit was filed on October 15, 2026, and that the appeal was taken on October 22, 2026. It says the United States emphasized that the County had processed more than 331,000 ballots since counting began on October 5, 2026. That figure is the order's account of the government's brief. The order says the government relies on
Legal instrument
Cal. Elec. Code § 3000.5
The California election law the Ninth Circuit order cites. The order says it requires mailing a vote-by-mail ballot to every registered voter, and that the ballots were mailed on October 1, 2026. This desk did not open the statute text.
. California's supplemental opposition, Document 97, filed October 24, 2026, prints Date October 27, 2026, Time 1:00 p.m., Courtroom 1, Judge Hon. David O. Carter, and it does not print a time zone. It says Los Angeles County's sampling of the list “demonstrated that it is deeply flawed.” https://storage.courtlistener.com/recap/gov.uscourts.cacd.1043513/gov.uscourts.cacd.1043513.97.0.pdf This desk did not re-open the district docket on Tuesday. The Oct. 25 reply, Document 100, was not re-fetched. The appeals order confirms October 27, 2026, and does not print a clock.Legal instrument
18 U.S.C. § 611
Makes it a federal crime for a noncitizen to vote in an election for President, Vice President, or Congress, with narrow exceptions written into the statute. The penalty is a fine, up to a year in prison, or both.
What is still unknown or disputed
- Whether Judge David Carter will grant the request after the hearing. Not in the order.
- A time zone for the 1:00 p.m. hearing. Document 97 does not print one. The order does not print a clock.
- Whether any mail ballot has been segregated. Not in the order.
- The appeals court did not decide whether the people on the list are noncitizens.
Primary sources
Every claim in this story is drawn from the documents below. If a fetch failed, that is recorded on the card.
Source 1
Order in United States v. State of California, No. 26-7070
U.S. Court of Appeals for the Ninth Circuit · October 26, 2026
The court dismisses the appeal for lack of jurisdiction and denies the emergency motion as moot. The trial hearing remains October 27, 2026.
https://cdn.ca9.uscourts.gov/datastore/opinions/2026/10/26/26-7070.pdf
Source 2
California's supplemental opposition to the temporary restraining order
U.S. District Court for the Central District of California · October 24, 2026
The caption prints October 27, 2026, at 1:00 p.m., Courtroom 1, before Hon. David O. Carter, and it does not print a time zone. California says a sample of the federal list is deeply flawed.
https://storage.courtlistener.com/recap/gov.uscourts.cacd.1043513/gov.uscourts.cacd.1043513.97.0.pdf