The Justice Department on Thursday asked the 9th U.S. Circuit Court of Appeals to intervene in its effort to temporarily prevent California from counting mail-in ballots from more than 20,000 voters whose citizenship status the Trump administration questions.

The department filed its request before U.S. District Judge David O. Carter had ruled on its original motion, arguing that the delay warranted emergency action ahead of the Nov. 3 midterm elections.

Justice Department attorneys said Carter had not issued a decision by Thursday afternoon, despite the department’s request for a ruling by that time. They characterized the lack of a decision as a “constructive denial” of their request for emergency relief.

Carter has scheduled a hearing for next week to consider whether to issue an order temporarily blocking the ballots from being counted until the voters’ citizenship status can be verified.

The administration’s legal challenge comes as President Donald Trump’s Justice Department seeks a greater role in election-related disputes ahead of a midterm contest that will determine control of Congress.

Under the American election system, state and local officials are primarily responsible for administering elections, subject to applicable federal and state laws. The dispute centers on whether the courts should intervene to restrict the counting of the affected California ballots while the citizenship questions are addressed.