Trump administration asks the US Supreme Court to set aside 20,000 California mail ballots from alleged noncitizens on midterm eve

The Department of Justice filed an emergency appeal with the Supreme Court just one day before the midterm elections, asking the justices to order California to segregate around 20,000 mail ballots cast by alleged noncitizens. A lower court had already blocked the administration's earlier effort to have those ballots set aside, prompting the last-ditch escalation. The Supreme Court must now decide on the eve of polling whether to intervene in the most legally explosive ballot dispute of the 2026 midterm cycle.

The ballots in question were cast by individuals whose citizenship status is disputed by the administration.

Lower courts refused to grant the administration's request, forcing the DOJ to escalate directly to the Supreme Court under emergency procedures.

A Supreme Court ruling — or refusal to act — could set a landmark precedent for noncitizen voting disputes in future elections.