Elections · Tuesday, November 3, 2026
Supreme Court denies order to separate California mail ballots
The File desk · Nov. 3, 2026, 6:33 a.m. ET
Confirmed4 primary sources
Status
Legal instrument
United States v. California, No. 26A624
An application for an injunction pending appeal. The United States asked the Supreme Court to order California to keep some mail ballots separate while a lower-court appeal goes on. On November 2, 2026, the Court denied the application. The order notes no dissent.
Legal instrument
United States v. California, No. 2:26-cv-12025
A civil complaint the Justice Department filed on Oct. 15, 2026, in federal court in Los Angeles. It alleges that more than 20,000 likely noncitizens are on California's voter list and asks a judge to set their mail ballots aside until citizenship is checked. Those are allegations. This desk did not open an answer from the state.
- ConfirmedThe order says the application presented to Justice Kagan and referred to the Court is denied.
- ConfirmedThe application, which this desk opened, states the more than 20,000 figure and asks for segregation of mail ballots, not cancellation.
- Partially confirmedThe application's account of the district court and the Ninth Circuit was not checked against those courts' own orders this morning.
Legal instrument
United States v. California, No. 26A624
An application for an injunction pending appeal. The United States asked the Supreme Court to order California to keep some mail ballots separate while a lower-court appeal goes on. On November 2, 2026, the Court denied the application. The order notes no dissent.
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.
Legal instrument
United States v. California, No. 26A624
An application for an injunction pending appeal. The United States asked the Supreme Court to order California to keep some mail ballots separate while a lower-court appeal goes on. On November 2, 2026, the Court denied the application. The order notes no dissent.
How we know
Notes
- 1.Supreme Court of the United States, order list for 610 U.S., Monday, November 2, 2026, order in pending case ,
Legal instrument
United States v. California, No. 26A624
An application for an injunction pending appeal. The United States asked the Supreme Court to order California to keep some mail ballots separate while a lower-court appeal goes on. On November 2, 2026, the Court denied the application. The order notes no dissent.
, et al. The order says the application for an injunction pending appeal presented to Justice Kagan and by her referred to the Court is denied. It notes no dissents. https://www.supremecourt.gov/orders/courtorders/110226zr_3eb4.pdf Docket: https://www.supremecourt.gov/docket/docketfiles/html/public/Legal instrument
United States v. California, No. 2:26-cv-12025
A civil complaint the Justice Department filed on Oct. 15, 2026, in federal court in Los Angeles. It alleges that more than 20,000 likely noncitizens are on California's voter list and asks a judge to set their mail ballots aside until citizenship is checked. Those are allegations. This desk did not open an answer from the state.
.html The docket says the application was submitted to Justice Kagan on November 2, 2026, referred to the Court the same day, and denied the same day. Counsel of record for the United States is D. John Sauer, Solicitor General. Counsel of record for the State of California and others is Samuel Passchier Siegel. The lower court listed on the docket is the Ninth Circuit, case 26-7231.Legal instrument
United States v. California, No. 26A624
An application for an injunction pending appeal. The United States asked the Supreme Court to order California to keep some mail ballots separate while a lower-court appeal goes on. On November 2, 2026, the Court denied the application. The order notes no dissent.
- 2.Application for an injunction pending appeal, , filed on the docket as No.
Legal instrument
United States v. California, No. 2:26-cv-12025
A civil complaint the Justice Department filed on Oct. 15, 2026, in federal court in Los Angeles. It alleges that more than 20,000 likely noncitizens are on California's voter list and asks a judge to set their mail ballots aside until citizenship is checked. Those are allegations. This desk did not open an answer from the state.
. The cover page prints No. 26A. The application says the United States identified more than 20,000 individuals who appear to be registered to vote in California and who, in the United States' view, are likely not U.S. citizens. It asked that mail ballots cast by those people be segregated until citizenship could be checked, not canceled. It citesLegal instrument
United States v. California, No. 26A624
An application for an injunction pending appeal. The United States asked the Supreme Court to order California to keep some mail ballots separate while a lower-court appeal goes on. On November 2, 2026, the Court denied the application. The order notes no dissent.
,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.
, and theLegal instrument
Supreme Court Rule 23
The Court's rule on stays. The Solicitor General cited it, with the All Writs Act, when asking for an injunction pending appeal in No. 26A624. An injunction pending appeal tells someone to act, or to stop acting, while a lower-court appeal continues.
. A footnote saysLegal instrument
All Writs Act
A federal law, 28 U.S.C. § 1651, that the Solicitor General cited in the November 2 application. It lets federal courts issue orders needed to protect their jurisdiction.
generally requires mail ballots to be postmarked by Election Day and received within seven days after Election Day. Related proceedings listed in the application: United States District Court for the Central District of California, No. 26-cv-12025, dated October 28, 2026, and the Ninth Circuit, No. 26-7231, dated October 30, 2026. The application says the district court denied relief on October 28 and that Judge Bumatay dissented in the Ninth Circuit. https://www.supremecourt.gov/DocketPDF/26/Legal instrument
California Elections Code § 3020(b)
The United States' Supreme Court application says California law generally requires mail ballots to be postmarked by Election Day and received within seven days after Election Day. The application cites this section for that rule.
/431463/20261102111302952_California%20Application.pdfLegal instrument
United States v. California, No. 26A624
An application for an injunction pending appeal. The United States asked the Supreme Court to order California to keep some mail ballots separate while a lower-court appeal goes on. On November 2, 2026, the Court denied the application. The order notes no dissent.
- 3.Federal Election Commission, election dates page. It says Tuesday, November 3, 2026, is the next regularly scheduled federal general election date. https://www.fec.gov/introduction-campaign-finance/election-results-and-voting-information/
What is still unknown or disputed
- Whether any justice disagreed without a note on the order. The order lists no dissent.
- Whether the more than 20,000 people are noncitizens. The application says that is the United States' view.
- What the district court and the Ninth Circuit wrote in their own words. This desk did not open those opinions.
- An hour for the denial. The order is dated Monday, November 2, 2026, and does not print a clock.
- Why the application cover prints No. 26A while the order and the docket print No. .
Legal instrument
United States v. California, No. 26A624
An application for an injunction pending appeal. The United States asked the Supreme Court to order California to keep some mail ballots separate while a lower-court appeal goes on. On November 2, 2026, the Court denied the application. The order notes no dissent.
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 pending case 26A624
Supreme Court of the United States · November 2, 2026
The Court denied the application for an injunction pending appeal presented to Justice Kagan and referred to the Court. The order notes no dissents.
https://www.supremecourt.gov/orders/courtorders/110226zr_3eb4.pdf
Source 2
Docket, United States v. California, No. 26A624
Supreme Court of the United States · November 2, 2026
The docket shows the application submitted to Justice Kagan, referred to the Court, and denied, all on November 2, 2026.
https://www.supremecourt.gov/docket/docketfiles/html/public/26a624.html
Source 3
Application for an injunction pending appeal
U.S. Department of Justice, Office of the Solicitor General · November 2, 2026
The application says the United States identified more than 20,000 people registered in California who, in its view, are likely not citizens, and asks that their mail ballots be segregated.
https://www.supremecourt.gov/DocketPDF/26/26A624/431463/20261102111302952_California%20Application.pdf
Source 4
Election dates
Federal Election Commission · November 3, 2026
Tuesday, November 3, 2026, is the next regularly scheduled federal general election date.
https://www.fec.gov/introduction-campaign-finance/election-results-and-voting-information/