Federal Court: California Keeps 20,000 Disputed Ballots in Count

U.S. District Judge David Carter denied the Trump administration's request to set aside 20,000 mail-in ballots in California. The government argued these votes were cast by noncitizens. Carter ruled that the demand contradicted constitutional principles giving states authority over their own elections. He warned that granting the late motion would allow political parties to create chaos to disrupt the ongoing process.

The Justice Department filed its lawsuit on October 15. It asked the court to order California to withhold specific ballots until citizenship was confirmed. The department claimed to hold a list of more than 20,000 names. California attorneys argued the federal figures were unreliable. They noted that a July letter from the government cited a much higher number of 190,000 suspect voters. The state also pointed out that the government had not explained how it built its lists.

Carter expressed doubt about the credibility of the federal process. He cited a prior case in Nevada where the Department of Homeland Security initially flagged 15,903 registered voters. That number dropped to 6,218 and finally to 185 after a manual review. Nevada officials later confirmed all 185 individuals were citizens. Carter wrote that the court would not deprive Californians of their rights based on unfounded allegations.

During a hearing on Tuesday, state attorney Christina McCall asked, "Where is the evidence?" She described the government's allegations as vague. Another state attorney, Anne Bellows, called the demand a recipe for disenfranchisement. First Assistant U.S. Attorney Bill Essayli countered that the government was not dictating action but preventing inaction. He argued the state could not proceed to count votes while knowing of potential noncitizens on its rolls.

Carter pointed to an existing remedy for the government. He noted that prosecutors recently announced 28 indictments of people who allegedly voted illegally in California. He told the court, "You've got a remedy, for goodness' sake. Go out and indict."

Essayli criticized the ruling on Wednesday and confirmed an appeal is underway. He stated that the Solicitor General authorized an immediate appeal to the Ninth Circuit. The department will seek an emergency order. The case has already been before that appellate court once.

The Ninth Circuit panel ruled 2-1 against the administration on Monday. They held an emergency hearing on Sunday. The majority said the court lacked jurisdiction because Carter had not yet ruled. They described the government's claimed emergency as partly self-constructed. Circuit Judge Mark Bennett noted the government had questioned California's voter rolls since July 16. He added that state laws on ballot processing are not new. Judge Patrick Bumatay dissented, writing that federal law bars California from mixing likely noncitizen ballots with legitimate ones.