A divided federal appeals panel on October 30 denied the Justice Department’s latest emergency request to make California separate certain mail ballots before counting them. The NAACP, which intervened in the case, welcomed the decision as protection against eligible voters losing their voice.

The new order follows an earlier procedural setback covered by the Utica Phoenix on October 27. This time, the Ninth Circuit considered an emergency injunction pending appeal after a district judge rejected a temporary restraining order.

What the dispute concerns

The federal government sought additional checks on ballots associated with a list of about 20,000 people it identified as likely noncitizens. California disputed the list’s reliability. An allegation about citizenship is not a finding that a voter is ineligible.

The majority concluded that the government had not met the standard for the extraordinary order it sought during an ongoing election. Judge Patrick Bumatay dissented, arguing that federal law and the risk of unlawful voting justified intervention.

Why civil-rights groups are involved

The NAACP and other intervenors say unreliable data and rushed changes could block eligible voters. Their position connects the case to a larger civil-rights concern: protecting lawful access while enforcing election rules fairly.

This ruling denied emergency relief; it was not a final judgment resolving every issue in the lawsuit. It also did not legalize noncitizen voting in federal elections.

Sources: Ninth Circuit order, case 26-7231, October 30, 2026; NAACP statement; California attorney general’s account.