Federal Judge Blocks Bid to Segregate 20,000 California Ballots
Judge David O. Carter ruled that holding votes for suspected noncitizens would disrupt the ongoing midterms, prompting the Justice Department to file an immediate appeal.
By David Almasi ·
U.S. District Judge David O. Carter denied the Trump administration's request to segregate the ballots of 20,000 Californians alleged to be noncitizens on Wednesday. The ruling stops the federal government from forcing the state to hold those votes aside until immigration status is verified.
More than 3.7 million people had already cast ballots in California at the time of the decision. Over 500,000 of those ballots had been processed, meaning their envelopes were verified and the ballots removed. Los Angeles County officials testified that this process makes it virtually impossible to match a specific ballot to a specific voter.
Carter wrote that separating the ballots at this stage would "wreak havoc" on the election. He stated that the move would require counties to develop new sorting methods and risk disenfranchising a large number of voters. The judge argued that this action violates the National Voting Rights Act, which prohibits changes to voter rolls within 90 days of an election.
"Eroded trust in our democracy is irreparable. Once a vote is segregated, lasting harm has occurred," Carter wrote in his order. He added that if the executive branch can discount votes based on unproven allegations, the democracy faces danger.
The Justice Department sued California election officials in mid-October. Prosecutors accused the state of missing a 48-hour deadline to review the list of 20,000 people. The administration sought a court order to pause the counting of those specific ballots during the verification period.
First Assistant U.S. Attorney Bill Essayli argued that the federal government needed to prevent the "dilution" of the vote by noncitizens. "Segregating a ballot does not prevent it from being counted later," Essayli said. He described the measure as a way to preserve the status quo and prevent illegal ballots from entering the count.
The department filed an appeal on Wednesday evening. This is the second appeal in the case. The 9th Circuit Court of Appeals rejected the first appeal, with two of three judges expressing skepticism about the lawsuit's merits.
The ruling aligns with similar legal battles in Washington and Alaska. In Washington, the Justice Department asked a court to sequester ballots from hundreds of suspected noncitizens. In Alaska, a separate suit seeks to delay vote certification if the Republican incumbent for Senate does not win. All three states have races that will determine congressional control.
David Becker, executive director of the Center for Election Innovation and Research, said the ruling confirmed that states, not the federal government, run elections. He described the Department of Justice's demands as designed to cause chaos so close to Election Day.
Jon Miller, Chief Program Officer for the Public Rights Project, called the decision a major victory for voters. His organization represents Los Angeles County officials and remains prepared for further challenges to the electoral process.
