The Justice Department's push to keep disputed ballots out of California's count ran into two walls on Friday. A federal appeals court rejected the department's request for the state to set aside ballots received from roughly 20,000 people the administration says may not be citizens, AP reported. In a 2-1 decision, the 9th Circuit panel found no workable way to separate those ballots this late without serious disruption and the risk of disenfranchising eligible voters, CNN reported. California officials have called the federal list highly unreliable.

The second ruling may matter more on the ground. Hours after the appeals decision, U.S. District Judge Trina L. Thompson issued a temporary restraining order barring the Justice Department and the Department of Homeland Security from threatening or coercing election workers to stop processing, segregate or withhold ballots that the federal government deems may come from ineligible voters, the Los Angeles Times reported. The order runs until Nov. 16, Bloomberg Law reported, which covers the busiest stretch of counting. The Guardian described the rulings as the latest setbacks in the administration's effort to assert control over state-run elections. For county registrars who had received deadline letters from federal prosecutors this week, the order removes a source of legal uncertainty heading into Tuesday.

Turnout keeps climbing. Five days before Election Day, early voting was significantly outpacing the last midterm, with especially sharp increases in states with competitive Senate races, according to an AP analysis. More than 6.3 million Texans had voted early as of Wednesday, compared with 4.2 million at the same point four years ago, a 50% jump.

Other late fights are settling, too. Colorado's Supreme Court turned back a challenge to voter signatures for Amendment 87, a graduated income tax measure, ruling in 47 words that votes on it "shall be counted," Colorado Public Radio reported. In Alaska, the top federal prosecutor confirmed a criminal investigation into an alleged scheme to confuse voters by placing a candidate on the ballot with the same name as Republican Sen. Dan Sullivan, and the department said it is seeking to isolate ballots that rank that candidate, according to AP's live coverage.

Why it matters

With three days until Nov. 3, courts have now made clear that California's disputed ballots will be processed, and that federal officials cannot pressure local workers to pull them for now. The Alaska ballot request and the Nov. 16 end date of the restraining order are the next points to watch as counting and certification begin.

Sources

• AP, "Justice Department loses an appeal for California to set aside disputed ballots" (Oct. 30, 2026)
• CNN, "Judge imposes sweeping emergency order halting DOJ pressure campaign on election officials" (Oct. 30, 2026)
• Los Angeles Times, "Justice Department can't threaten election workers to stop processing ballots, judge rules" (Oct. 30, 2026)
• Bloomberg Law, "DOJ Barred From Making Criminal Threats Against Election Workers" (Oct. 30, 2026)
• The Guardian, "Federal judge bars DoJ from threatening election workers to stop processing ballots" (Oct. 30, 2026)
• AP, "Early voting jumps as millions more Americans vote ahead of Election Day" (Oct. 30, 2026)
• Colorado Public Radio, "Amendment 87 stays on the ballot after Colorado Supreme Court decision" (Oct. 30, 2026)
• AP live updates, midterm elections (Oct. 30, 2026)

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