Carter Orders California to Count Ballots From 20,000 Voters

Mail ballots from approximately 20,000 California residents will remain in the count for the November 3 midterm elections. U.S. District Judge David Carter issued a ruling on Wednesday that rejects the Trump administration's demand to separate and exclude these votes while officials verify the voters' citizenship status.

The Justice Department sought a temporary order requiring state election workers to sequester ballots from individuals on a federal list of suspected noncitizens. The government gave election officials in California and Los Angeles County 48 hours to review the list and ensure those ballots were not tabulated. Carter blocked this move, stating that the request violates long-standing constitutional principles that reserve election administration for the states.

Carter, who was appointed by former President Bill Clinton, wrote in a 26-page decision that the federal government has never previously coerced a state to abandon its own election procedures on the eve of a vote. He warned that granting such relief would allow either political party to create chaos for its own purpose. The judge noted that over 20,000 registered Californians would potentially lose a right that generations of Americans have fought to preserve.

The ruling arrives after the U.S. Court of Appeals for the 9th Circuit ruled 2-1 on Monday. The appellate panel found that the Trump administration failed to give the district judge an adequate opportunity to consider temporary relief. The Justice Department originally filed its lawsuit earlier this month against California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan.

During a hearing on Tuesday, Carter expressed skepticism toward the government's position. He questioned why prosecutors could not pursue indictments after the election rather than risk disenfranchising lawful voters now. He pointed out that returned ballot envelopes contain identifying information that can prove noncitizens voted in violation of federal and state law. The judge described the federal remedy as a monumental change to procedures while voting is still underway.

Bill Essayli, the top federal prosecutor in Los Angeles, argued that California's refusal to segregate the ballots risks diluting the votes of Americans. He stated that the state is thwarting Congress's efforts to protect election integrity. Essayli clarified that the administration is not asking to void or cancel any ballots, only to hold them until verification is complete.

California officials have called the lawsuit a reckless political stunt. Anne Bellows, a deputy attorney general for California, told the court that the relief sought would be incredibly disruptive and a recipe for disenfranchisement. State lawyers also raised concerns about the accuracy of the government's data, noting that the administration has not been transparent about when it obtained the voter registration list.

Los Angeles County warned that it would be impossible for election workers to segregate ballots by hand before the election period ends. County lawyers stated that of the 20,000 records on the federal list, only just over 7,000 had addresses in Los Angeles County. A review of a 200-person sample found that more than half were canceled or inactive registrations. For those 200 voters who listed a birthplace, just over 38% indicated they were born in the U.S.

An official with U.S. Citizenship and Immigration Services countered that the agency's own review of immigration records for that same sample of 200 people determined none were born in the U.S. The official, Nicolas Bartell, acknowledged that USCIS identified roughly 189 records with minor data discrepancies during its analysis. More than 3.5 million mail ballots have been returned statewide, with over 550,000 already processed in Los Angeles County.

The California case is part of a wider federal effort to assert control over election administration. Federal prosecutors in Washington state have similarly sought to set aside ballots from more than 400 alleged noncitizens. The administration has also signaled legal action against Alaska election officials regarding the certification of Senate results.