Elections
Add to my areasEvery story on LexCircuit filed under elections: court orders, regulation, ethics opinions, litigation and research, each summarized across its sources.
DOJ sues California over more than 20,000 registrants it says are likely noncitizens
The Justice Department sued California on October 15, 2026, seeking to stop tabulation of vote-by-mail ballots from more than 20,000 people it says are likely noncitizens after comparing state voter rolls with federal immigration data. Voting-rights groups warned the suit may conflict with an October 9, 2026, D.C. court order vacating DOJ's voter-roll purge policy, Above the Law and Democracy Docket reported.
Filing (U.S. Department of Justice) → · Democracy Docket, Above the Law
Supreme Court pauses Fourth Circuit order forcing FCC to rule fast on party ad rates
The Supreme Court on October 14, 2026 granted the FCC's request to stay a Fourth Circuit order directing the agency to rule within 48 hours on Democratic candidates' challenge to discounted political advertising rates for parties and joint fundraising committees. The unsigned opinion said the FCC may set its own schedule, so it need not decide before the November election.
Order (Supreme Court of the United States) → · SCOTUSblog
Colorado adopts election rules requiring clerks to report court-ordered custody transfers and observers to carry authority letters
Colorado's Secretary of State adopted amended Election Rules (8 CCR 1505-1) on Oct. 9, 2026. Under rules effective immediately, a county clerk who transfers election records under a court order must give the order to the Secretary, notify the Secretary immediately and inventory the transferred items. Official observers must hold a Secretary-issued letter of authority, and clerks must admit them. Clerks must also file election plans 120 days before each election.
Text (Colorado Department of State) → · Colorado Secretary of State
Supreme Court vacates rulings on Washington legislative map, orders Ninth Circuit review under Callais
The Supreme Court granted certiorari in Garcia v. Hobbs and Trevino v. Hobbs, vacated the judgments and remanded both cases to the Ninth Circuit for further consideration in light of Louisiana v. Callais. The challengers, including a Republican state lawmaker, had argued that Washington's court-drawn Yakima Valley legislative map was a racial gerrymander after a 2023 ruling found the prior map violated Section 2 of the Voting Rights Act.
Order (Supreme Court of the United States) → · Courthouse News Service, Democracy Docket, Campaign Legal Center
Supreme Court stays Eighth Circuit order requiring Missouri to use 2025 congressional redistricting map
The Supreme Court of the United States granted an emergency application for a stay in People Not Politicians v. Onder, blocking lower federal court orders that required Missouri to use a 2025 congressional redistricting map in the 2026 elections. The per curiam order held under the Purcell principle that federal courts cannot alter election rules while voting is actively underway, and reaffirmed that the state must conduct elections under its 2022 map.
Order (Supreme Court of the United States) → · SCOTUSblog, NPR, Democracy Docket
Supreme Court stays block on modified SAVE voter citizenship database
The Supreme Court on September 25, 2026 stayed a District of Columbia federal court order that had vacated DHS’s modified Systematic Alien Verification for Entitlements (SAVE) program used to help states verify voter citizenship. The unsigned majority said challengers likely have standing but are unlikely to succeed on Social Security Act, Privacy Act and APA claims, citing 8 U.S.C. §1373. Justices Jackson, Sotomayor and Kagan dissented.
Order (SCOTUSblog) → · Supreme Court of the United States, BBC News, U.S. Department of Homeland Security
California Supreme Court orders Riverside sheriff to return 650,000 ballots and affirms state AG oversight
The Supreme Court of California issued two unanimous opinions on Thursday ordering Riverside County Sheriff Chad Bianco to return approximately 650,000 voted ballots seized following the November 2025 special election. Chief Justice Patricia Guerrero held that Elections Code section 15551, as it then read, prohibited removing ballots from election officials' custody even during criminal investigations. The court also held that Article V, Section 13 of the California Constitution grants Attorney General Rob Bonta binding supervisory authority over county sheriffs' investigations.
Order (Supreme Court of California) → · KQED, State of California - Department of Justice - Office of the Attorney General, Horvitz & Levy LLP
Rulings this week
- UK · EWHC Spares 5,000 late-served Dieselgate claims but makes claimants share costs
- 9TH CIR. Keeps California's captive audience meeting ban on hold
- CANADA Ontario Court of Appeal says licensed paralegals can negotiate accident benefits settlements for parties under disability
- UK · UKSC Backs insurer against Spain and France in Prestige oil spill arbitration case
California narrows election deepfake ban to 30 days before a vote and lets depicted people sue
AB 502, approved September 19, 2026, as Chapter 333, amends Elections Code section 20012. Knowingly distributing materially deceptive content about candidates, elections officials or voting equipment with malice is prohibited within 30 days before an election, replacing the prior 120-day window, and through 38 days after for officials and equipment. The person depicted, rather than any recipient, may seek an injunction and damages. The urgency statute took effect on signing.