DOJ’s California ballot fight rejected by another judge

The Trump administration’s bid to separate 20,000 mail ballots in California that it says are likely noncitizens met another defeat on Wednesday as a trial judge refused to intervene.

U.S. District Judge David Carter ruled California can continue to accept the questioned ballots like any other.

“This request violates longstanding constitutional principles mandating that states have control over their elections,” Carter wrote.

“If Plaintiff’s last-minute request for relief were granted, either party could create chaos for their own political purposes to disrupt the election process,” he continued. “Over 20,000 registered Californians would potentially lose the right that generations of Americans have fought to preserve.”

California has raised eyebrows at the veracity of the administration’s list and says it’s not obligated to verify voters’ citizenship in response.

The state has conceded it’s not feasible to segregate a ballot once it’s processed. It would be counted even if later found to be fraudulent. And as Election Day approaches on Tuesday, hundreds of thousands of ballots have already been returned.

It has left the Trump administration pushing for speed, going as far as trying to leapfrog Carter and head straight to the U.S. Court of Appeals for the 9th Circuit for a quicker ruling. The appeals court rejected the bid after agreeing to convene on the weekend to hear it.

Carter, an appointee of former President Clinton, has now become the latest judge to reject the effort. He said the administration’s bid would “wreak havoc.”

“Eroded trust in our democracy is irreparable,” Carter wrote.

“Once a vote is segregated, lasting harm has occurred,” he continued. “If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger. This Court declines to be a party to such process.”

The Trump administration sued California earlier this month as it alleged that the state was sending 20,000 likely noncitizens ballots for the midterm contests. California has a universal mail-in voting program where all active voters are sent a ballot.

Attorneys for California and Los Angeles County condemn the administration for not sharing who supplied its list. They argue they’re not required to prove voters’ citizenship merely because a sitting administration alleges issues, saying it’s not practical anyways with the current timeline.

“Every day, more ballots are processed by election officials. This ongoing emergency disenfranchises American citizens through dilution,” Bill Essayli, the top federal prosecutor in Los Angeles, wrote on X.