Judge rejects DOJ request to block California from immediately counting ballots linked to alleged noncitizens
A federal judge rejected the Justice Department’s emergency request to stop California counting ballots linked to more than 20,000 people it alleges are noncitizens. Judge David Carter said intervening after voting had begun could disrupt the election, deter voters and workers, and exclude eligible citizens; the department has appealed to the Ninth Circuit.
California sends mail ballots to all 23 million registered voters, and more than 3.7 million people had voted by the time of the hearing. Court filings said over 500,000 ballots had been processed that week, with some removed from their envelopes, making it impossible for Los Angeles County officials to identify which ballots belonged to particular voters. California disputed the Justice Department’s data, while the department said it compared voter rolls with immigration, Social Security and passport records.
In short
- Judge refuses to halt counting in California.
- The Justice Department has appealed.
- More than 3.7 million people had voted.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The Justice Department’s strongest case is that election rules should be enforced consistently and credible evidence of ineligible registrations should be investigated before ballots are counted. It argues that comparing several government records identified more than 20,000 people who may not be citizens, and that allowing their ballots to proceed could weaken confidence in lawful elections; its appeal seeks judicial review of that claim.
The case against
California’s strongest case is that the department’s matching data is disputed and does not establish that the people concerned are ineligible voters. With millions already voting and many ballots separated from identifying envelopes, stopping the count could disrupt the election, deter eligible voters and workers, and risk excluding citizens whose ballots cannot readily be distinguished.
Explained simply
California runs its elections through county officials, who check and process ballots under state rules. In Los Angeles County, many voters return ballots by post, and officials process them in stages before counting them.
The Justice Department is part of the federal government and enforces federal laws, including some laws on elections and citizenship. California maintains its own voter registration records, while federal agencies hold immigration and identity records; comparing these databases can raise questions about whether the records match accurately.
The dispute matters because US citizens who meet state requirements can vote, while noncitizens cannot vote in federal elections. Once ballots have been separated from their envelopes, election officials may not be able to link them back to individual voters.
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