A federal judge in Los Angeles on October 28 rejected the Trump administration’s emergency request to set aside California mail ballots linked to roughly 20,000 people it alleges are likely noncitizens. U.S. District Judge David O. Carter denied a temporary restraining order, according to Associated Press and the court’s order. The dispute comes before the November 3 midterm elections, which will determine control of Congress.
The Justice Department filed its lawsuit on October 15 with support from the Department of Homeland Security. In its announcement, the department said investigators had examined voter-registration records and used additional verification methods to identify suspected noncitizens. It argued that California should review its list and prevent ineligible ballots from being counted. Noncitizens cannot lawfully vote in federal elections; inclusion on the disputed list is an allegation, not a finding of illegal voting.
California and local election officials challenged the reliability of that list. NPR reported that a preliminary Los Angeles County review found many listed individuals did not have active voter registrations. State officials also argued that changing procedures while voting and mail-ballot processing were underway would be impractical and could deprive eligible citizens of their votes. AP reported that more than 3.7 million people had already voted across the state.
Carter’s order said the requested intervention would disrupt an election already in progress and undermine protections for voters and election workers. He emphasized states’ authority over their elections and rejected restricting registered voters’ rights on the basis of allegations produced through an uncertain process. The court identified existing alternatives: federal prosecution of unlawful voting and California’s procedures for canceling registrations when individuals are proven ineligible.
California Attorney General Rob Bonta welcomed the denial, describing it as another victory after an earlier appellate ruling. The decision concerns the administration’s request for immediate relief rather than a final resolution of the lawsuit. CBS reported that the Justice Department plans to appeal. For now, the requested federal order requiring ballots to be segregated has not been granted, with Election Day less than a week away.
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