WilmerHale secured a series of significant victories on behalf of Los Angeles County in closely watched federal litigation concerning the processing and counting of mail-in ballots ahead of the 2026 midterm elections.
The dispute arose after the federal government sued California and the Los Angeles County registrar, seeking to require the County to segregate mail ballots cast by thousands of registered voters whom the government alleged may not be US citizens. The government sought emergency relief that would have required changes to Los Angeles County’s ballot-processing procedures shortly before Election Day.
WilmerHale joined the County’s existing legal team amid the expedited proceedings and took the lead in responding to an emergency request for an injunction pending appeal. Working on an accelerated schedule, the team prepared an opposition and moved to dismiss the government’s appeal for lack of appellate jurisdiction. Following oral argument by Seth Waxman, the US Court of Appeals for the Ninth Circuit granted the motion and dismissed the appeal. Two judges in the majority also addressed the merits, concluding that the government was unlikely to succeed on its preemption claim.
The following day, the district court heard the government’s request for a temporary restraining order. Pat Moore argued the merits on behalf of the County, with Nick Werle and Nitisha Baronia participating in the proceedings. The court subsequently denied the government’s request for a temporary restraining order, rejecting its effort to compel changes to the County’s election procedures.
When the government again appealed and sought emergency relief from the Ninth Circuit, the WilmerHale team worked overnight to respond. The court denied the request, agreeing that there was no basis for a temporary restraining order and concluding that the federal criminal statute prohibiting noncitizens from voting did not authorize the federal government to dictate state and local election procedures.
The victories preserved Los Angeles County’s ability to continue processing ballots in accordance with its established procedures during the final days before the election. The litigation, United States v. California et al., remains pending in the US District Court for the Central District of California.
The WilmerHale team includes Seth Waxman, Pat Moore, Daniel Volchok, Michael Mongan, Nick Werle, Nate Reisinger, John He, Kerry Bollerman, Nitisha Baronia, Adela Lilollari, Skyler Ross, Sam Frizell, Peter Kalicki, Brandon Roul, Bardia Vaseghi, Nicole Koonce, Tom Schnoor, Jane Recker, Sarah Bender and Kendrick Baker.