Judge rejects Justice Department bid to have California set aside about 20,000 ballots; DOJ appeals

Carter wrote that the request "violates longstanding constitutional principles mandating that states have control over their elections," according to ABC News. The Justice Department sued California earlier this month, alleging the state failed to review a list of suspected noncitizens who were sent mail-in ballots. Los Angeles officials said in court papers that a preliminary review of 200 names on the list found a "high percentage" of people who say they were born in the U.S., ABC reported.

In a late Wednesday filing, the Justice Department asked the 9th Circuit Court of Appeals to rule quickly, citing ballot processing already underway, AP reported. A 9th Circuit panel had earlier declined, 2-1, to issue an immediate order in the case.

Why it matters: The midterm elections are Tuesday, and the dispute over federal power to intervene in a state's ballot processing is now headed back to the appeals court.