Bumatay would stop processing the flagged ballots pending verification

Patrick J. BumatayNinth Circuit judge, dissenting opinion

Bumatay argues that federal authority justifies an injunction to prevent processing ballots he describes as likely cast by noncitizens.

“We should’ve enjoined it from accepting and processing ballots likely cast by aliens until their citizenship could be verified.”

Original text

Read the original text (opens in a new tab)United States v. California, No. 26-7070: Ninth Circuit order dismissing the appealPer curiam order, parts I and II; dissent by Judge Bumatay, opening paragraphs
An official Santa Clara County ballot drop box outside a library in San Jose, California.
Credit: Yngvadottir / CC BY-SA 4.0

Where this statement fits

DOJ seeks to set aside flagged California ballots; Weber disputes its evidence

DOJ seeks to segregate certain California mail ballots and prevent their federal-election tabulation until citizenship is verified. It identifies more than 20,000 registrants as likely noncitizens. Shirley Weber disputes the evidence, deadline and legality of the demand.

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Source and context

Original text

United States v. California, No. 26-7070: Ninth Circuit order dismissing the appeal (opens in a new tab)Per curiam order, parts I and II; dissent by Judge Bumatay, opening paragraphs

About this source

Published order of the Ninth Circuit panel granting Los Angeles County's motion to dismiss the United States' appeal for lack of jurisdiction and denying the emergency motion as moot, with concurrences by Judges Bennett and Sanchez and a dissent by Judge Bumatay. The order sets out the district court proceedings from October 15 to October 22.

Archived copy (opens in a new tab)

Before the quotation

Bumatay argues that federal law preempts California's position on processing the flagged ballots and invokes the federal interest in election integrity.

After the quotation

He continues with an analysis of federal authority and the alleged irreparable effect of processing ballots before citizenship checks.

How this statement is classified

Defended or excused

The label describes this statement's response within the context above.

Why this label?

Relative to DOJ's requested segregation and verification, Bumatay expressly supports granting relief.

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The Dispute Index
Title
Bumatay would stop processing the flagged ballots pending verification
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https://disputeindex.com/events/7060-bumatay-argues-that-federal-authority-justifies-an-injunction

Last updated marks the most recent saved version of this published statement.

The Dispute Index. "Bumatay would stop processing the flagged ballots pending verification". First published: 2026-10-28. Last updated: 2026-10-28. https://disputeindex.com/events/7060-bumatay-argues-that-federal-authority-justifies-an-injunction