Judge blocks federal bid to hold 20,000 California ballots
A federal judge in Los Angeles ruled that separating ballots from suspected noncitizens would disrupt the ongoing midterms, citing a risk of disenfranchising U.S. citizens.
By Leila Reynolds ·
U.S. District Judge David O. Carter denied a federal request on Wednesday to segregate the ballots of up to 20,000 voters in California. The administration argued these individuals were likely noncitizens, but Carter warned that the move would "wreak havoc" on the state's midterm elections.
The ruling arrives as more than 3.7 million residents have already cast ballots in the state. Election officials have already counted over 500,000 of those votes. The federal government had asked the court to require California to wait to count these specific ballots until the voters' immigration status could be verified.
The Justice Department filed the lawsuit in mid-October, alleging that California election officials failed to meet a 48-hour deadline to review a list of 20,000 names. The administration claimed these individuals were likely noncitizens on the state's voter rolls. Carter described the request as a disruption to an election that is already underway.
In his written order, Carter stated that the federal demand would create a "chilling effect" on both election workers and voters. He argued that the process would effectively discount the votes of United States citizens. The judge noted that segregating ballots at this stage would force counties to develop new sorting methods, risking the disenfranchisement of an unknown number of eligible voters.
Carter compared the federal action to purging voter rolls, a practice the National Voting Rights Act restricts. The law prohibits changes to voter rolls within 90 days of an election. The judge concluded that the executive branch's demand would have the same practical effect as a purge.
"Eroded trust in our democracy is irreparable. Once a vote is segregated, lasting harm has occurred," Carter wrote. "If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger. This Court declines to be a party to such process."
The Justice Department also rejected the state's argument that it was impeding federal enforcement efforts. Carter pointed to recent actions by federal prosecutors, who arrested 28 noncitizens for illegally voting or registering to vote. He used this example to show that prosecutors already possess the tools to enforce election law without pausing the count.
This decision marks a legal setback for President Donald Trump, who has sought to expand federal control over state-run elections. The administration had previously asked the appeals court for a quick ruling before a scheduled hearing, but that higher court also rejected the effort. The case is one of several legal battles shaping the balance of power in Congress.
The Justice Department has pursued similar tactics in other states this week. In Washington state, the department asked for ballots from hundreds of suspected noncitizens to be sequestered. In Alaska, a separate lawsuit filed last week seeks to delay the certification of the vote in the U.S. Senate race. All three states hold congressional races that will determine the majority in the next Congress.
First Assistant U.S. Attorney Bill Essayli argued on behalf of the federal government on Tuesday. He maintained that the request would not impede the election but would instead "safeguard the elections." "Segregating a ballot does not prevent it from being counted later," Essayli said. "It is designed to preserve the status quo and prevent the infection of our election with illegal ballots."
