Justice Department appeals to halt count of 20,000 disputed California ballots

The Justice Department has filed an emergency appeal to stop California from processing more than 20,000 ballots tied to suspected noncitizen voters.

First Assistant US Attorney Bill Essayli announced Wednesday evening that the administration would seek immediate relief from the 9th US Circuit Court of Appeals. This move follows US District Judge David O. Carter’s rejection of the department’s initial bid to sequester the disputed votes. The legal action arrives just days before Election Day, heightening tension over the handling of ballots in the state.

The dispute began when federal prosecutors identified nearly 20,000 names on California voter rolls that they flagged as suspicious. The Justice Department accused state officials of failing to review these individuals within a mandated 48-hour deadline. This case is part of a wider federal effort to address alleged voter fraud in California. Prosecutors have recently charged 28 people with registering to vote fraudulently, most of whom allegedly cast illegal ballots. One defendant, Alexander Muñoz, a 72-year-old Belizean national, was accused of falsely claiming US citizenship in September 2019. Prosecutors allege he voted in the 2020 election, twice in 2022, and again in 2024.

Federal appellate judges have already split on the issue. On Monday, a three-judge panel of the 9th Circuit rejected an earlier emergency appeal from the Justice Department in a 2-1 decision. Judges Mark Bennett and Gabriel Sanchez ruled that the administration moved too quickly before the lower court had time to consider the request. Judge Patrick Bumatay dissented, warning that the ballots could become impossible to identify once processed.

Essayli stated that the district court’s denial leaves American citizens disenfranchised through dilution. He noted that the Solicitor General authorized the immediate appeal and that the department would seek an emergency order from the Ninth Circuit. Carter, who sits in downtown Los Angeles, wrote that eroded trust in democracy is irreparable once a vote is segregated. He stated that the court declines to be a party to such a process.

The Justice Department argues that once the disputed ballots are mixed into the broader vote count, officials may be unable to separate them. This would leave the government without an effective remedy if its allegations are proven. The next step in the process is a review by the 9th Circuit, which must decide whether to issue an emergency order before the election.