Federal Court: California Ballot Segregation Would Wreak Havoc

U.S. District Judge David O. Carter denied the Trump administration’s request to segregate ballots in California, ruling that the move would disrupt the ongoing midterm elections.

The Justice Department sued election officials in mid-October, alleging the state failed to review a list of 20,000 people suspected of being noncitizens within a 48-hour window. Prosecutors argued the state should wait to count those ballots until immigration status was verified. Carter, a Clinton appointee, rejected this demand, warning that separating votes at this stage would require counties to develop new sorting methods. He noted this process would risk disenfranchising voters and violate the National Voting Rights Act, which prohibits changes to voter rolls within 90 days of an election.

The ruling comes as more than 3.7 million people have already voted in the state. Over 500,000 ballots were processed by the previous week, meaning their envelopes were verified and ballots removed. Los Angeles County officials testified that this volume makes it nearly impossible to identify which specific ballot belongs to a voter on the disputed list. Carter stated that the federal request would create a chilling effect on election workers and discount the votes of U.S. citizens.

Carter also dismissed the government’s argument that California was impeding federal enforcement. He pointed to the arrest of 28 noncitizens who allegedly voted or registered illegally as proof that prosecutors can enforce election law. The judge previously suggested appointing a special master to vet government data but did not establish one in his Wednesday order.

The Justice Department said it would appeal the decision immediately. This is the second time the federal government has appealed in this case. The 9th Circuit Court of Appeals previously denied the first appeal, with two of the three judges expressing skepticism about the lawsuit’s merits. First Assistant U.S. Attorney Bill Essayli argued on social media that processing more ballots each day disenfranchises citizens through dilution. He maintained that segregating a ballot preserves the status quo and prevents illegal votes from infecting the election.

This legal battle is part of a wider federal push to expand control over state-run elections ahead of voting that will determine congressional control. The administration filed a similar request in Washington state this week to sequester ballots from hundreds of suspected noncitizens. Another lawsuit in Alaska seeks to delay vote certification if the incumbent Republican senator does not win. All three states have races that will help determine the balance of power in Congress.

Election law experts view the California ruling as a rejection of federal intervention. David Becker, executive director of the Center for Election Innovation and Research, said the decision confirmed that states, not the federal government, run elections. He described the Department of Justice’s demands as designed to cause chaos. Jon Miller, chief program officer for the Public Rights Project, which represents Los Angeles County officials, called the ruling a major victory for voters. Miller noted his organization remains prepared for further challenges aimed at undermining the credibility of election officials.

The administration’s efforts to interfere with the midterms have faced legal hurdles in multiple jurisdictions. The case in California centers on whether the federal government can pause state voting processes based on unproven allegations of noncitizen voting. Carter’s order declined to make the court a party to a process that discounts votes and threatens an ongoing election. The ruling stands unless the appellate court reverses it on the government’s upcoming appeal.