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Friday, October 30, 2026
Edition 13
Updated

Boston Daily

A GetServices.ai publication

Supreme Court & Courts

Federal judge refuses Justice Department request to hold back up to 20,000 California mail ballots

Judge David O. Carter warned that separating the ballots would disrupt the midterms. The department says it will appeal.

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Federal judge refuses Justice Department request to hold back up to 20,000 California mail ballots
Los Angeles (file). Photo: U.S. National Archives / Wikimedia Commons, public domain

A federal judge in California has rejected the Trump administration's request to stop the state from processing mail ballots tied to as many as 20,000 voters the Justice Department says may not be citizens.

U.S. District Judge David O. Carter ruled Wednesday in a 26-page decision, CBS News reported. He warned that setting the ballots aside would "wreak havoc" on the midterm elections and risk disenfranchising eligible voters, according to Fox News. The Justice Department said it would appeal, Fox reported.

How the case got here

The administration sued California and Los Angeles County on Oct. 15 after they declined to separate the flagged ballots, NBC Los Angeles reported. The department asked that ballots from people on a federal list be held until their citizenship could be checked.

On Monday, a federal appeals panel voted 2-1 against the department's emergency request, saying it could not act because Carter had not yet ruled, according to NBC Los Angeles. Judge Mark Bennett, writing for the majority, said part of the delay was the government's own doing. Judge Patrick Bumatay dissented, arguing the federal government has an interest in protecting federal elections.

What each side says

California's secretary of state's office said federal officials claimed in July that 19,000 noncitizens were on the state's rolls but provided no proof when asked, NBC Los Angeles reported. Attorney General Rob Bonta said voter fraud is exceedingly rare.

Carter had earlier dismissed a separate Justice Department bid to force California to turn over its full voter registration list.

Election Day is Tuesday, Nov. 3.

Sources

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