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U.S. District Judge David O. Carter on Wednesday rejected the Justice Department’s emergency request to force California to set aside mail-in ballots associated with more than 20,000 registered voters whose citizenship the Trump administration has questioned, ruling that the last-minute intervention would disrupt an election already underway.
The over 20,000 voters identified by Department of Justice officials as “likely aliens” were designated as such after Homeland Security Investigations and federal partners “used multiple data-enrichment and verification methods” to flag potential noncitizens on California’s voter rolls. California officials, however, disputed the list’s accuracy, citing a preliminary review that identified U.S.-born individuals and voters with no voting history among those flagged.
Carter, a Clinton appointee, ruled that the Justice Department’s last-minute effort to intervene in California’s election violated constitutional and federal-law constraints, while questioning the reliability of the government’s evidence that the flagged voters were noncitizens.
“The district court denied our emergency request to sequester ballots from 20,000 suspected noncitizens,” First Assistant U.S. Attorney Bill Essayli said in a statement provided to Fox News Digital. “This ongoing emergency disenfranchises American citizens through dilution. The Solicitor General authorized an immediate appeal. We filed our Notice of Appeal and will immediately seek an emergency order from the Ninth Circuit.”
NINTH CIRCUIT QUESTIONS TRUMP DOJ’S EMERGENCY REQUEST TO SET ASIDE 20,000 CALIFORNIA MAIL BALLOTS
The Trump administration has suffered a string of defeats in election-related cases in the lead-up to the midterm elections, raising questions whether the administration will be able to deliver on its promises of improved election integrity ahead of the 2028 presidential election. President Donald Trump and other administration officials have repeatedly raised concerns about widespread voter fraud in U.S. elections, though those claims have not been supported by evidence demonstrating fraud on such a broad scale.
California election officials argued that complying with the Justice Department’s request would be virtually impossible because county election offices had already processed more than 500,000 ballots, separating them from identifying information and preventing officials from reliably linking those votes to individual voters.
Carter warned that the requested intervention would “wreak havoc and disrupt the election that is already underway,” though he noted that federal authorities were free to pursue individual voting fraud cases.
Experts were divided along ideological lines in the case.
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Hans von Spakovsky, an election expert at Advancing American Freedom, a Mike Pence-affiliated think tank, criticized California for refusing to comply with the DOJ’s request.
“It tells you something very revealing and unfortunately badly revealing about California officials that they don’t even want to check,” von Spakovsky told The Center Square. “In California, for example, they have automatic voter registration. When you go in to get a driver’s license, they don’t ask you, ‘Would you also like to register to vote?’ The state of California just automatically registers you, and when you ask them, they say, ‘Well, it’s up to the individuals to tell us they’re not eligible to vote.’”
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Rick Hasen, a University of California, Los Angeles, election-law professor, meanwhile, called the Justice Department’s request a “total overreach of federal power,” arguing that “the Constitution’s clear that states have the authority to run Congressional elections unless Congress passes a statute otherwise — and Congress didn’t do so here.”
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The California governor’s office did not respond to a request for comment when reached by Fox News Digital on Thursday.
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