The Supreme Court has rejected a push for California to set aside thousands of mail ballots from people President Donald Trump’s administration claims are noncitizens. The decision that comes on the eve of the pivotal midterm elections. The high court refused Monday to intervene in a case involving 20,000 people the Republican administration flagged as likely noncitizens on the largely Democratic state’s voter rolls, even as years of evidence has shown voting by noncitizens is rare. It was the latest in a flurry of election-related litigation the day before the midterm elections, which will decide control of Congress for the last two years of Trump’s second term.

A panel of federal appellate judges is questioning the Justice Department's demand that California election officials set aside thousands of mail ballots. President Donald Trump's administration says it suspects the ballots may be from noncitizens. Hearing rare weekend arguments, two of the three judges appeared skeptical of the lawsuit brought by the Trump administration. The suit accuses California officials of failing to meet a deadline to review 20,000 names alleged to be noncitizens. But state election officials say the administration has provided no credible evidence to back its claims and says setting aside the ballots would disenfranchise eligible voters. The panel said it would seek to issue a speedy ruling.