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Ninth Circuit Denies DOJ Bid to Set Aside 20,000 California Mail Ballots

A federal appeals court panel declined the Justice Department's emergency request to separate roughly 20,000 mail ballots tied to suspected noncitizens while eligibility is reviewed.

StorylineCalifornia noncitizen ballot dispute5 stories

What's happening

The Justice Department said Monday it identified more than 400 people it says are noncitizens registered to vote in Washington state, and asked Secretary of State Steve Hobbs to set aside ballots from those voters until eligibility is confirmed.(source: story 5, Oct 27) Acting U.S. Attorney Neil Floyd said the 400 are only the tip of the iceberg and that investigators identified over 1,500 ballots cast, while the U.S. attorney's offices said many on the list are lawful permanent residents or green card holders.(source: story 5, Oct 27) Hobbs said the timing of the request one week before the General Election is intended to cast unfounded suspicion on the results.(source: story 5, Oct 27)

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Dive deeper into the California noncitizen ballot dispute storyline

Who covered it

3 articles from rated outlets · 1 wire/unrated
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What we know

  • The Ninth Circuit Court of Appeals denied the Justice Department's emergency request in a 2-1 decision.
  • The DOJ sought to set aside roughly 20,000 mail ballots tied to people it suspects are noncitizens.
  • The majority wrote that the government's claimed emergency was partly self-constructed.
  • Judge Patrick Bumatay dissented, arguing the federal government has a sovereign interest in protecting federal elections.
  • The DOJ sued California earlier this month after the state refused to verify or segregate the flagged ballots.
Summarised from 4 reports across 2 perspectives.

How it's being told

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Right

Says court must act on suspect ballots

Fox News (Politics): Ninth Circuit questions Trump DOJ's emergency request to set aside 20,000 California mail ballots

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Right-leaning outlets frame the ruling as a procedural setback that leaves thousands of suspect ballots in the count, stressing the DOJ's urgency and the need for judicial intervention.

How they tell it · 2 articles
Who's in this lane

Mainstream conservative outlets such as Fox News, the Washington Examiner and the New York Post. Usually focuses on costs, security, government overreach and Democratic policy.

The opposite side says

No left coverage found for this story.

Far right

Calls the ruling a refusal to protect elections

Breitbart (Politics): Ninth Circuit Won’t Order California to Set Aside Noncitizen Ballots

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Far-right outlets cast the Ninth Circuit's decision as a refusal to safeguard election integrity, highlighting the dissenting view and claims that California does not verify voter citizenship.

How they tell it · 1 article
Who's in this lane

Hard-right outlets such as Breitbart, Newsmax and The Gateway Pundit. Usually focuses on national strength, immigration, distrust of institutions and strong support for Trump.

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Full coverage

4 articles from 3 outlets

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The debate

Should the Ninth Circuit have ordered California to set aside the 20,000 mail ballots?

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