Judge names special master in fight over California ballots

U.S. District Judge David O. Carter on Thursday appointed special master Daniel B. Garrie to develop the factual record on a Justice Department list of more than 20,000 people it calls likely noncitizens on California's voter rolls. It came less than 24 hours after Carter rejected the department's demand that California set those ballots aside until citizenship is verified. The department has asked the 9th Circuit Court of Appeals to rule quickly. Both sides agree the list includes some citizens.

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Why it matters

The judge has declined to set aside the disputed ballots, so California's count continues while the special master reviews the list. The Justice Department says the list shows noncitizens on the rolls, while California and county officials say citizens could lose their votes. The list is a small fraction of California's 23 million voters.

What to watch

Judge Carter will rule on the Justice Department's renewed request after an evidentiary hearing on November 13.

How each side sees it

The Justice Department saysThe ballots were sent to registered voters who are not U.S. citizens and should be set aside and counted only if citizenship is verified. First Assistant U.S. Attorney Bill Essayli said, "We want to stop the illegal voting. We don't want to chase it later."

California saysAnne Bellows, an attorney for the state, said the request means "stripping voting rights from thousands of people until proven otherwise." County election officials dispute that delaying the count would not disenfranchise voters.

Sources

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Published Thursday, October 29, 2026. Spot an error? Email [email protected]. See our corrections log and standards.