A federal judge has rejected the Trump administration’s request to stop California from counting certain mail-in ballots. The dispute involves more than 20,000 registered voters whom federal officials suspect may be noncitizens.
U.S. District Judge David O. Carter rejected the Justice Department’s emergency request on Wednesday, October 28. He warned that the move could disrupt the election and prevent eligible citizens from having their votes counted.
The decision marks another setback for the administration’s effort to challenge California’s handling of the disputed ballots. The Justice Department has appealed the ruling as the November 3 midterm elections approach.

Why Did the Trump Administration Challenge These Ballots?
The dispute began when the Justice Department identified more than 20,000 California voters it believed were likely noncitizens.
Federal officials asked the state to set aside ballots linked to those individuals until authorities could verify their citizenship. The department argued that it must enforce federal laws that prohibit noncitizens from voting in federal elections.
California officials challenged the request. They questioned the accuracy of the federal government’s list and argued that the information did not prove the listed individuals were ineligible to vote.
The distinction matters. A person appearing on a government list does not automatically mean that person is a noncitizen. The Justice Department also did not establish how many people on its list had submitted ballots for counting.

Why Did the Judge Reject the Request?
Judge Carter raised concerns about changing election procedures so close to Election Day.
California had already begun processing ballots when the government sought emergency intervention. Election officials argued that separating the disputed ballots at this stage would create serious practical and legal problems.
Carter agreed that the request raised major concerns. He warned that the proposed action could interfere with the state’s election process and put eligible voters at risk of losing their right to vote.
The judge did not rule that every person on the federal list was eligible to vote. Instead, he rejected the government’s specific request to set aside the ballots.
Both federal and state law prohibit noncitizens from voting in federal elections. The central dispute concerns the reliability of the government’s evidence and whether the court should order California to change its procedures just days before the election.
California Officials Question the Federal Government’s Evidence
California election officials have challenged the information used to identify the disputed voters.
According to earlier Associated Press reporting, Los Angeles County reviewed a sample of 200 names from the federal list. County officials said the sample included cancelled or inactive registrations and records that appeared to belong to people born in the United States.
These findings raised questions about whether the list could reliably identify voters who were legally ineligible. However, the sample does not establish the citizenship status of every person on the list.
The Justice Department has defended its investigation. Federal officials say they reviewed government and other records to identify people they believe may not be citizens.
The disagreement has become a wider debate about election security, the accuracy of voter information, and the risk of wrongly excluding eligible voters.
The Justice Department Appeals the Decision
The legal fight is not over.
After Carter rejected its request, the Justice Department appealed to the U.S. Court of Appeals for the Ninth Circuit. The department argues that it needs urgent action to prevent potentially illegal votes from being counted.
California officials, meanwhile, maintain that the state’s election procedures should not be disrupted based on disputed information.
The latest ruling followed an earlier decision by a three-judge appeals court panel. That panel declined to intervene before the district judge had fully considered the request.
The case now highlights a difficult question: how can authorities investigate suspected voting violations without wrongly blocking eligible citizens from having their ballots counted?

What Happens Next?
The next steps depend on the ongoing court proceedings and any further orders from the appeals court.
For now, the judge’s decision means the Justice Department has not secured the emergency order it wanted to stop California from counting the disputed ballots.
The case also raises broader questions about the balance between enforcing election laws and protecting eligible voters. The government says it must investigate possible violations, while California officials argue that its evidence does not justify the requested intervention.
One point remains important: the more than 20,000 people identified by federal officials have been suspected of being noncitizens, not all confirmed to be noncitizens. The number of people on the list should not be confused with the number of ballots actually submitted by ineligible voters.
As the November 3 midterms approach, the dispute is likely to remain a focus of attention. Any further court decision could shape how the case proceeds, but the latest ruling addresses the government’s emergency request rather than determining the eligibility of every person on the list.
Sources
-
- Associated Press: Read the Associated Press report
- Reuters: Read the Reuters report
