Justice Department asks appeals court to intervene in California ballot case

The Justice Department asked an appeals court Thursday to intervene in its lawsuit seeking to temporarily block California from counting more than 20,000 mail-in ballots from voters the Trump administration says are likely not U.S. citizens.

The Justice Department asked the 9th U.S. Circuit Court of Appeals to get involved before a lower-court judge ruled in the dispute.

Justice Department lawyers said the unusual maneuver was necessary because the judge assigned to the case, U.S. District Judge David Carter, had not made a decision by Thursday afternoon, as the department had requested.

For Subscribers

FOR SUBSCRIBERSNew AI tool for voters offers a specialized chatbot to explain your ballot

FOR SUBSCRIBERSGOP retreats from North Carolina as Trump admits Democrats likely to win Senate seat

FOR SUBSCRIBERSNetflix’s latest cliff-hanger? Where it’s headed as a business

FOR SUBSCRIBERSOpenAI agents are shutting off ways to monitor misbehavior

FOR SUBSCRIBERSWhy John Turturro is having the best year of any New Yorker

FOR SUBSCRIBERSJames Talarico digs in with Black voters in pursuit of an elusive Democratic win in Texas

FOR SUBSCRIBERSRussian operatives likely spread fake videos targeting the Texas Senate race, researchers say

FOR SUBSCRIBERSRepublicans seek inroads with Black voters in Michigan’s tight Senate race

FOR SUBSCRIBERSEurope’s protests are about more than schools — they’re a generational roar

FOR SUBSCRIBERSTrump is desperate to bring gas prices down. The solution might be in India.

FOR SUBSCRIBERSInteractive map: How far do you live from the nearest data center?

FOR SUBSCRIBERSA decade ago, data centers overtook a rural community. It hasn’t been the same since.

FOR SUBSCRIBERSiPhone Duo review: The good, the bad and the buggy

FOR SUBSCRIBERSAnger over rising prices could be decisive in Alaska’s unusually close Senate race

FOR SUBSCRIBERSDOJ weighs election litigation against more states

Slide 1 of 1

Carter scheduled a hearing for next week to consider the department’s request for an emergency order to block California from counting mail-in ballots from more than 20,000 voters in the Nov. 3 midterm elections until their citizenship status could be verified. The department said it interpreted Carter’s lack of ruling as a “constructive denial” of its request.

The case is being closely watched as the Trump administration seeks to exert greater control over the elections next month that will determine control of Congress.

For Subscribers

FOR SUBSCRIBERSNew AI tool for voters offers a specialized chatbot to explain your ballot

FOR SUBSCRIBERSGOP retreats from North Carolina as Trump admits Democrats likely to win Senate seat

FOR SUBSCRIBERSNetflix’s latest cliff-hanger? Where it’s headed as a business

FOR SUBSCRIBERSOpenAI agents are shutting off ways to monitor misbehavior

FOR SUBSCRIBERSWhy John Turturro is having the best year of any New Yorker

FOR SUBSCRIBERSJames Talarico digs in with Black voters in pursuit of an elusive Democratic win in Texas

FOR SUBSCRIBERSRussian operatives likely spread fake videos targeting the Texas Senate race, researchers say

FOR SUBSCRIBERSRepublicans seek inroads with Black voters in Michigan’s tight Senate race

FOR SUBSCRIBERSEurope’s protests are about more than schools — they’re a generational roar

FOR SUBSCRIBERSTrump is desperate to bring gas prices down. The solution might be in India.

FOR SUBSCRIBERSInteractive map: How far do you live from the nearest data center?

FOR SUBSCRIBERSA decade ago, data centers overtook a rural community. It hasn’t been the same since.

FOR SUBSCRIBERSiPhone Duo review: The good, the bad and the buggy

FOR SUBSCRIBERSAnger over rising prices could be decisive in Alaska’s unusually close Senate race

FOR SUBSCRIBERSDOJ weighs election litigation against more states

Slide 1 of 1

The Justice Department is considering bringing litigation against more states as part of its efforts to remove noncitizens from voter rolls ahead of the midterms, a department official previously told NBC News.

Democratic Party leaders have sued in federal court to block the Trump administration from overriding state authority to administer elections or intimidate state and local election officials.