Federal judge lets California count 20,000 mail ballots in noncitizen dispute

Voters in California can now expect their mail ballots to be counted immediately, even if they are linked to alleged noncitizen registrations. A federal judge denied the Justice Department's request to pause the tally for more than 20,000 ballots, ruling that stopping the process would disrupt an election already in motion.

The dispute stems from federal claims that 20,000 people registered to vote in California are not U.S. citizens. The Justice Department sought a temporary restraining order to sequester the ballots from those voters. U.S. District Judge David Carter rejected the request late Wednesday night following a hearing in Los Angeles. He stated that the government's move would create a chilling effect on election workers and voters while discounting the votes of citizens.

California mails ballots to all 23 million registered voters. More than 3.7 million people have already voted in the state. Court filings indicate that more than 500,000 ballots were processed this week, with the ballots removed from their envelopes. Los Angeles County officials told the court that it is now impossible to match specific ballots to individual voters.

The Justice Department filed an immediate appeal to the Ninth Circuit Court of Appeals. U.S. Attorney Bill Essayli posted on X that the ongoing emergency disenfranchises American citizens through dilution. He stated that the Solicitor General authorized the appeal and that the department would seek an emergency order from the Ninth Circuit.

Judge Carter, appointed by former President Bill Clinton, wrote that eroded trust in democracy is irreparable. He noted that once a vote is segregated, lasting harm has occurred. Carter said the federal government failed to explain why counting ballots would impair potential prosecutions. He added that states generally control their elections, though the federal government argues it has evidence of noncitizen voters that the state refuses to accept.

President Donald Trump has repeatedly insisted that states are not doing enough to stop noncitizens from voting. He has described the practice as widespread. In a related action, the Justice Department sent a letter to Washington state on Monday. The letter asked officials not to count ballots from 400 voters the department claims are not citizens. Washington had 5 million registered voters as of 2024.

Essayli countered on social media that voter rolls were compared to USCIS immigration, Social Security, and passport records. He wrote that the department is enforcing existing laws rather than changing rules mid-election. He also noted that registered voters can self-declare to be noncitizens to be removed from the roll, a step some take while seeking naturalization or claiming ineligibility for jury duty.