Judge Rejects DOJ Bid to Stop Counting 20,000 California Mail Ballots

US District Judge David Carter denied the Department of Justice’s request for a temporary restraining order on Wednesday. The ruling allows California to count mail ballots received from more than 20,000 registered voters that the federal government flags as likely noncitizens. This decision clears the way for those votes to be included in the November 3 midterm elections.

The Justice Department filed the lawsuit on October 15. The agency sought to block state officials from tallying any ballots from the individuals on the federal list. Judge Carter issued the decision following a hearing held on Tuesday in Los Angeles federal court. The denial represents the second consecutive legal loss for the administration in this matter.

A federal appeals court rejected an emergency petition from the Justice Department on Monday. The administration had asked the higher court to intervene before Judge Carter could rule. The DOJ has not specified how many of the 20,000 flagged individuals actually submitted a mail ballot for the upcoming election.

California officials maintain that the state’s current safeguards prevent noncitizen voting. The state argues that the federal government’s claims rely on suspect data. It contends that complying with the DOJ’s demand would risk disenfranchising eligible voters. California is the most populous state in the union and holds 52 seats in the House of Representatives, making it a primary target for the administration’s election oversight efforts.

President Donald Trump has accused California of allowing widespread noncitizen voting, a claim that contradicts multiple state audits and independent studies. The administration has also expanded its legal challenges to other states with competitive races. In Alaska, the Justice Department asked a judge last week to prevent certification of results if the incumbent Republican senator loses by a small margin. Alaska officials have urged the court to dismiss the case, noting they have already distinguished two candidates with similar names on the ballot.

In Washington state, the Justice Department sent a letter on Monday asking officials to exclude ballots from 400 voters the agency believes may not be citizens. Washington’s top elections official stated that the timing of the request suggests an intent to cast suspicion on the results. State records show California had 23 million registered voters as of December 2025, while Washington had 5 million as of 2024.

Voting rights activists have raised concerns about the federal government’s methods for scrutinizing voter lists. They warn that the process risks wrongly flagging naturalized citizens for removal from the rolls. The next legal step is determined by the court’s docket, with the November 3 election date approaching.