A federal judge has blocked a last minute attempt by the Justice Department to prevent California from counting thousands of ballots linked to individuals the government alleges are noncitizens. U.S. District Judge David Carter ruled late Wednesday night that granting a temporary restraining order at this stage would cause chaos and disrupt an election process that is already well underway. He warned that such an intervention could intimidate both voters and poll workers while potentially discounting legitimate votes cast by American citizens.
The legal battle centers on approximately 20,000 suspected noncitizen voters. According to court documents, California sends mail in ballots to all 23 million of its registered voters, and millions have already participated in the current cycle. Local officials in Los Angeles County argued that because hundreds of thousands of ballots have already been removed from their envelopes and processed, it is physically impossible to determine which specific ballot belongs to which individual voter.
Representing the government, U.S. Attorney Bill Essayli expressed disappointment over the ruling, arguing that allowing these ballots to be counted dilutes the power of legal American citizens. He maintained that the Justice Department used verified records from passports, Social Security, and immigration services to identify those ineligible to vote. For the government, this is not about changing rules mid stream but rather enforcing existing laws that prohibit noncitizens from participating in elections.
Judge Carter remained unconvinced, stating that states generally maintain control over their own election procedures and noting that the Justice Department failed to explain how counting these ballots would hinder future criminal prosecutions. He described the risk of segregating votes based on unproven allegations as a threat to democratic stability. Despite the defeat in district court, the Justice Department has immediately appealed the decision to the Ninth Circuit Court of Appeals in hopes of securing an emergency order.
