Appeals court rejects Justice Department bid to set aside disputed California ballots

Judges Mark Bennett and Gabriel Sanchez wrote in an unsigned order that the department had not shown an injunction pending appeal was warranted, and that there was "no feasible way" to separate specific voters' ballots without serious effects on the count, CBS News reported. Judge Patrick Bumatay dissented. A district judge had denied the same request earlier this week.

California officials say the federal list is unreliable and likely includes many citizens. Separately, CBS News reported that the department has issued grand jury subpoenas to state and local election officials, and a federal judge in Washington on Friday ordered the administration to share the list with voting rights groups.

Why it matters: The ruling lets California keep counting ballots as usual ahead of Tuesday's midterm elections, unless the Justice Department seeks and wins relief from the Supreme Court.