California Ballot Dispute: Judge rejects federal bid to segregate 20,000 votes
U.S. District Judge David O. Carter ruled that isolating ballots for suspected noncitizens would violate civil rights laws and disrupt the ongoing midterms.
By Megan Ivanov ·

More than 3.7 million California residents have already cast their ballots. Amid this high turnout, a federal judge on Wednesday rejected the Trump administration's demand to hold back the votes of 20,000 people. The government argued these individuals were likely noncitizens. U.S. District Judge David O. Carter warned that separating these ballots would cause severe disruption to the election process.
The Justice Department sued California election officials in mid-October. The complaint alleged the state missed a 48-hour deadline to review a list of voters flagged as potential noncitizens. Federal prosecutors asked the court to force the state to wait on counting these specific ballots until immigration status was confirmed. Carter denied the request, stating that the move would violate the National Voting Rights Act.
Carter, appointed by former President Bill Clinton, focused on the logistical burden of the request. He noted that California mails ballots to all 23 million registered voters. Court filings show that roughly 500,000 ballots had already been processed by that week. Processing involves verifying envelopes and removing the ballots. Los Angeles county officials testified that this step makes it nearly impossible to identify which ballot belongs to a specific voter once removed from the envelope.
In his written order, Carter described the federal request as a threat to democratic trust. "Eroded trust in our democracy is irreparable. Once a vote is segregated, lasting harm has occurred," he wrote. He added that allowing the executive branch to discount votes based on unproven allegations puts the democracy in danger. The judge concluded that the court should not participate in such a process.
The ruling serves as a second major legal setback for the administration in its push for federal control over state elections. The Justice Department has pursued similar strategies in other states. In Washington, federal officials sought to sequester ballots from hundreds of suspected noncitizens this week. In Alaska, a lawsuit filed last week aims to delay vote certification if the Republican Senate incumbent does not win. These states hold races that will determine the balance of power in Congress.
First Assistant U.S. Attorney Bill Essayli defended the government's position after the ruling. He posted on social media that the ongoing processing of ballots disenfranchises citizens through dilution. Essayli argued that segregating a ballot does not prevent it from being counted later. He described the action as a way to preserve the status quo and stop the infection of illegal ballots.
Election law experts view the decision as a confirmation of established norms. David Becker, executive director of the Center for Election Innovation and Research, said the ruling confirmed that states, not the federal government, run elections. He characterized the Justice Department's demands, made so close to Election Day, as designed to cause chaos. Becker noted that the administration's efforts to interfere with the midterms are failing.
The federal government announced it would file an appeal on Wednesday evening. This will be the second appeal in the case. The first was denied by the 9th Circuit Court of Appeals, which preempted the district court's decision. Two of the three appellate judges expressed skepticism about the lawsuit's merits. The next step is the filing of the new appeal documents with the higher court.
Source: Newsday





