Judge refuses to make California set aside about 20,000 ballots

U.S. District Judge David O. Carter on Wednesday denied a Justice Department request to make California set aside, or stop counting, mail ballots from about 20,000 people the department alleges are likely noncitizens, until their status could be verified. Carter wrote that the request "would wreak havoc and disrupt the election that is already underway." The Justice Department appealed to the Ninth U.S. Circuit Court of Appeals the same evening. The midterm elections are Tuesday, November 3.

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Why it matters

About 20,000 California voters were on the Justice Department's list, and the ruling means counties keep processing their ballots like any others. More than 3.7 million Californians had already voted when the judge ruled.

What to watch

The Justice Department's appeal goes to the Ninth U.S. Circuit Court of Appeals; Election Day is Tuesday, November 3.

How each side sees it

The Justice Department saysCalifornia officials missed its 48-hour deadline to review a list of people it alleges are likely noncitizens, and setting those ballots aside would not stop them from being counted later; a federal prosecutor said the aim is to "prevent the infection of our election with illegal ballots."

California saysIts safeguards against noncitizen voting are robust, the department's list relies on "suspect data," and complying could wrongly keep eligible voters from being counted.

Sources

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