Judge rejects DOJ bid to stop California counting ballots from alleged noncitizens

Mixed · 2On Wednesday, 28 October 2026, US District Judge David Carter rejected a Justice Department request to temporarily block California from counting mail ballots from a list of more than 20,000 registered voters that the Trump administration alleges are likely noncitizens. 1 2 Mixed · 2Carter ruled after a hearing on Tuesday in Los Angeles federal court. In a 26-page decision he wrote that the request violated "longstanding constitutional principles" giving states authority to administer their own elections, and that "California and its people are sovereign, too." 2 1 Left · 1The judge warned that granting the relief could let either party "create chaos for their own political purpose," and that over 20,000 registered Californians could lose their right to vote. At the hearing he asked why prosecutors could not pursue indictments after the election of anyone they believe voted illegally. 2

Mixed · 2The Justice Department sued California, Secretary of State Shirley Weber and Los Angeles County registrar Dean Logan on 15 October, a rare federal intervention weeks before an election. It had given officials 48 hours to review its list and asked that ballots from the people on it not be tabulated until citizenship could be confirmed. 1 2 Left · 1Bill Essayli, the top federal prosecutor in Los Angeles, argued that commingling lawful ballots with those of alleged noncitizens undermines public trust and thwarts Congress's efforts to protect election integrity. He stressed that the administration was not asking to void or cancel any ballots. 2 Mixed · 2California officials called the suit a "reckless political stunt" and said the order would be a "recipe for disenfranchisement." The state said the government's claims rely on "suspect data" and that its own safeguards against noncitizen voting are robust. 2 1

Left · 1Los Angeles County said the list was "unreliable": only just over 7,000 of the 20,000 records had Los Angeles County addresses, and in a 200-record sample more than half were canceled or inactive registrations. Among sampled voters who reported a birthplace, just over 38% said they were born in the US. A US Citizenship and Immigration Services official, Nicolas Bartell, said in a declaration that the agency's own review found none of the 200 were born in the US, while acknowledging about 189 records on the list had "minor data discrepancies." 2 Mixed · 2On Monday a federal appeals court had rejected an emergency Justice Department request to block the counting before Carter ruled; the 9th Circuit dismissed the appeal 2-1, finding the government had not given the district judge "adequate opportunity" to consider temporary relief. 1 2 Mixed · 2The Justice Department did not say how many of those flagged had actually returned a ballot. More than 3.5 million mail ballots have been returned statewide, and Los Angeles County has processed more than 550,000. 1 2

Mixed · 2The ruling is described as the latest setback for President Donald Trump's push for a larger federal role in elections ahead of the 3 November midterms. Trump says noncitizen voting is widespread, but studies and audits show it is rare. The Justice Department has also asked Washington state not to count ballots from 400 voters, and has sued in Alaska to block certification of the Senate result if Republican Sen. Dan Sullivan narrowly loses; Washington's top elections official said the timing was meant to cast unfounded suspicion on results. 1 2