The American Democracy Minute Radio News Report & Podcast for Oct. 28, 2026
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October 27, 2026 12:27 pmLOS ANGELES, CA — A federal appeals court dismissed a U.S. Department of Justice demand October 26th that the State of California must set aside mail-in ballots for registered voters on a list of 20,000 purported noncitizens. The court cited multiple mistakes in DOJ’s case.
DOJ’s track record with flagging noncitizens has not been good, with its recent list of 16,000 flagged Nevada voters yielding no fraudulent registrants. DOJ provided the State of California and Los Angeles County a thumb drive with 20,000 “likely” noncitizens and gave them 48 hours to verify them or face a court challenge. DOJ’s lawsuit followed, demanding the ballots be set aside.
The three-judge Ninth Circuit Court of Appeals opinion pointed out numerous holes in the government’s request. QUOTE, “Yet the United States’s complaint, filed on October 15, 2026—ten days after counties could begin counting, and months after it initially contacted California authorities— said nothing about irreparable harm, did not request a deadline for relief, and was not filed contemporaneously with a Temporary Restraining Order or a motion for a preliminary injunction,” UNQUOTE. In a concurrence, Judge Gabriel Sanchez showed ways the government’s actions could disenfranchise eligible voters.
With time short, it’s unclear whether it will be appealed to the U.S. Supreme Court. Read the opinion at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources
U.S. Ninth Circuit Court of Appeals – UNITED STATES OF AMERICA v. STATE OF CALIFORNIA; SHIRLEY
WEBER, PH.D., in her official capacity as the California Secretary of State; DEAN LOGAN, in his official capacity as the County of Los Angeles RegistrarRecorder/County Clerk
Courthouse News Service – Ninth Circuit tosses Trump appeal in California election challenge
Related ADM Reports:
American Democracy Minute – Trump DOJ Escalates Fight with California Over Noncitizen Voters, Arrests 28 Green Card Holders Alleged to Have Registered to Vote or Have Voted
American Democracy Minute – What Happened to the 16,000 Nevada Noncitizen Voters Announced by Trump’s DHS Secretary in July? Turns Out There Weren’t Any.
Groups Taking Action:
Campaign Legal Center, LULAC, NAACP, Democracy Defenders Fund
Register or Check Your Voter Registration:
U.S. Election Assistance Commission – How to Register And Vote in Your State
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