Judge Carter halts federal push to hold 20,000 California ballots

U.S. District Judge David O. Carter rejected a request from the Trump administration on Wednesday to stop California from processing ballots for up to 20,000 voters. The federal government argued these individuals were likely noncitizens and demanded the state wait to count their votes until their status was verified. Carter denied the motion, warning that the intervention would "wreak havoc" on the ongoing midterm election.

More than 3.7 million Californians have already cast their ballots. The state mails ballots to all 23 million registered voters. Court filings indicate that over 500,000 of those ballots had already been processed by the week of October 26. Officials in Los Angeles County testified that once envelopes are verified and ballots removed, it becomes virtually impossible to match a specific ballot to a specific voter. This logistical reality made the federal request to segregate specific votes nearly impossible to execute without disrupting the entire count.

The Justice Department sued California election officials in mid-October. The administration accused the state of missing a 48-hour deadline to review a list of 20,000 names it identified as likely noncitizens on the voter rolls. Carter, an appointee of former President Bill Clinton, ruled that segregating ballots at this stage would violate the National Voting Rights Act. The law prohibits changes to voter rolls within 90 days of an election. Carter stated that the federal request would have the same effect as purging voters while creating a chilling effect on election workers and citizens alike.

First Assistant U.S. Attorney Bill Essayli argued that the federal government's goal was to prevent the "dilution" of the vote. He told the court that segregating a ballot does not prevent it from being counted later. Essayli wrote on social media that the ongoing emergency disenfranchises American citizens. However, Carter countered that the government had already demonstrated its ability to enforce election laws by arresting 28 noncitizens who allegedly voted or registered illegally. The judge declined to appoint a special master to vet the government's data processes, reversing a previous inclination to do so.

The Justice Department announced it would immediately appeal the decision. This marks the second time the federal government has sought review in this case. The 9th Circuit Court of Appeals previously denied a first appeal, with two of three judges expressing skepticism about the lawsuit's merits. The ruling represents a legal setback for President Donald Trump, who has sought to expand federal control over state-run elections. The outcome will help determine control of Congress for the remainder of his term.

Similar legal battles are unfolding in other states. The Justice Department filed a request in Washington state to sequester ballots from hundreds of suspected noncitizens. In Alaska, a separate lawsuit seeks to delay vote certification if the Republican incumbent for U.S. Senate does not win. All three states have House or Senate races that will influence the balance of power in Congress.

David Becker, executive director of the Center for Election Innovation and Research, called the ruling a confirmation that states, not the federal government, run elections. He described the DOJ's demands as designed to cause chaos. Jon Miller, chief program officer for the Public Rights Project, which represents Los Angeles County officials, labeled the decision a major victory for voters. Miller noted that his organization remains prepared for further challenges aimed at undermining the credibility of election officials.