The order, issued late Friday, blocks federal officials from forcing local election offices to set aside or stop processing ballots the government calls disputed, three days before the midterm election.
Federal prosecutors are subpoenaing election officials in Los Angeles and Orange counties five days before the midterm election, after a judge refused to set aside up to 20,000 mail ballots the government says may come from noncitizens.
The Justice Department asked the 9th Circuit for a fast ruling after a judge refused to make California set aside up to 20,000 ballots. Millions of votes are already in, and Election Day is Tuesday.
U.S. District Judge David O. Carter said Tuesday he may appoint an independent special master to vet the Justice Department's list of 20,000 alleged noncitizens on California's voter rolls, with a formal order expected Wednesday — six days before the midterm election ends.
A federal judge ruled Tuesday that Bill Essayli, southern California's top federal prosecutor, cannot oversee several cases because he stayed in a temporary role too long. The order is on hold while the administration appeals.
In a rare Sunday hearing, a federal appeals court panel questioned the Justice Department's request to set aside mail ballots it says came from likely noncitizens. More than 3 million Californians have already voted, and a trial judge takes up the case Tuesday.
The Justice Department sent letters to at least 18 California counties demanding they sequester ballots it suspects came from noncitizens. California says the move could delay certification and disenfranchise citizens days before Nov. 3.