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Judge Rejects DOJ Push to Force California to Set Aside Ballots

A federal judge rejected the Trump administration's push to force California election officials to set aside thousands of mail ballots.

Judge Rejects DOJ Push to Force California to Set Aside Ballots
Illustration (AI-generated)

A federal judge on Wednesday rejected an attempt by the Trump administration to force California election officials to separate mail ballots from approximately 20,000 individuals the government claims are not U.S. citizens. U.S. District Judge David Carter delivered the ruling, marking another setback for federal efforts to exert more control over election administration ahead of the Nov. 3 midterm elections. The legal battle centers on California mail ballots and whether the state must segregate votes while citizenship is verified.

Judge Rejects Federal Intervention in State Elections

In his 26-page decision, Judge Carter wrote that the Justice Department's request to segregate and exclude the ballots violates constitutional principles granting states the authority to run their own elections. He warned that granting the relief sought by the administration could allow political parties to create chaos for political purposes.

"Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch," the judge wrote. Carter was appointed by former President Bill Clinton.

During court proceedings, Carter questioned why prosecutors could not instead pursue post-election indictments of individuals suspected of voting illegally, utilizing identifying information on ballot envelopes. "The remedy as a good prosecutor is to make sure these people are prosecuted," he told Justice Department lawyers.

Key Facts of the Legal Dispute

  • The Justice Department filed the lawsuit earlier this month against California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder and County Clerk Dean Logan.
  • The government alleged that roughly 20,000 suspected noncitizens were registered to vote and had received mail ballots.
  • California has more than 23 million registered voters, and over 3.5 million mail ballots have already been returned statewide.
  • In Los Angeles County alone, more than 550,000 ballots have been processed.
  • Federal and California law strictly prohibit noncitizens from casting ballots.

Arguments From California and Los Angeles County Officials

California officials condemned the lawsuit as a political stunt. Anne Bellows, a deputy attorney general for California, told the court that separating the ballots would be incredibly disruptive and serve as a recipe for disenfranchisement.

Attorneys representing Los Angeles County argued that it would be impossible for local election workers to manually review and segregate the ballots by the end of the election period. County lawyers also challenged the reliability of the government's data. A review of a 200-record sample from the list showed that more than half corresponded to inactive or canceled registrations, and just over 38% of those who reported a birthplace indicated they were born in the U.S.

Meanwhile, Nicolas Bartell, an official with U.S. Citizenship and Immigration Services, stated in a court declaration that the agency reviewed the 200-person sample and determined none were born in the U.S., while acknowledging roughly 189 records on the broader list contained minor data discrepancies.

Broader National Context and Federal Actions

The dispute in California is part of a broader push by the Trump administration to assert control over elections. Federal prosecutors in Washington state also asked officials there to set aside ballots from more than 400 people alleged to be noncitizens, and the administration filed a lawsuit in Alaska seeking to block the certification of Senate results if GOP incumbent Sen. Dan Sullivan loses.

Bill Essayli, the top federal prosecutor in Los Angeles, argued during the hearing that California's refusal to segregate the ballots risks diluting American votes and undermining public trust in elections. However, state attorneys maintained the administration failed to properly verify its data, which was enhanced using a third-party service.

Frequently Asked Questions

Who is U.S. District Judge David Carter?
U.S. District Judge David Carter is the federal judge who rejected the Trump administration's bid to force California to segregate mail ballots, ruling that the demand violated constitutional principles regarding state-run elections.

How many mail ballots did the Justice Department target in California?
The Justice Department's list targeted approximately 20,000 registered voters in California that federal officials claimed were not U.S. citizens.

Who were the named defendants in the Justice Department's lawsuit?
The lawsuit named California, Secretary of State Shirley Weber, and Los Angeles County Registrar-Recorder and County Clerk Dean Logan as defendants.

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