What's Happening?
WilmerHale, a prominent law firm, has achieved a series of significant legal victories on behalf of Los Angeles County in federal litigation concerning the processing and counting of mail-in ballots for the 2026 midterm elections. The dispute originated
when the federal government sued California and the Los Angeles County registrar, aiming to compel the county to segregate mail ballots from thousands of registered voters alleged not to be U.S. citizens. The government sought emergency relief to alter Los Angeles County’s ballot-processing procedures shortly before Election Day. WilmerHale joined the county's legal team, taking the lead in responding to an emergency injunction request. Following oral arguments by Seth Waxman, the U.S. Court of Appeals for the Ninth Circuit granted a motion to dismiss the government's appeal for lack of appellate jurisdiction. Subsequently, the district court denied the government's request for a temporary restraining order, rejecting its attempt to mandate changes to the county's election procedures. When the government appealed again, the Ninth Circuit denied their request, concluding that the federal criminal statute prohibiting non-citizens from voting did not authorize the federal government to dictate state and local election procedures.
Why It's Important?
These legal victories are crucial for Los Angeles County as they preserve its ability to continue processing ballots according to established procedures in the critical days leading up to the 2026 midterm elections. The federal government's attempt to intervene and mandate changes to ballot processing based on allegations of non-citizen voting could have set a precedent for federal oversight in state and local election administration. The Ninth Circuit's rulings reinforce the autonomy of state and local governments in managing their election processes, particularly regarding the interpretation of federal statutes and their applicability to local procedures. This outcome prevents potential disruptions to election operations and upholds the existing framework for ballot handling, which is vital for maintaining public trust and the smooth functioning of democratic processes. The litigation highlights ongoing tensions between federal and state authorities concerning election integrity and the scope of federal power in local governance.
What's Next?
The litigation, titled *United States v. California et al.*, remains pending in the U.S. District Court for the Central District of California. While WilmerHale has secured significant victories in the appellate and district courts regarding emergency relief and injunctions, the underlying case is still active. Future proceedings will likely focus on the merits of the federal government's initial claims regarding non-citizen voting and the extent to which federal law can influence state election procedures. The outcome of the remaining litigation could further clarify the boundaries of federal intervention in state election administration. Stakeholders, including election officials, civil rights organizations, and political groups, will closely monitor the case for its implications on voter registration, ballot processing, and the balance of power between federal and state entities in election oversight.
