Judge blocks federal effort to segregate California ballots

U.S. District Judge David O. Carter denied the Trump administration’s request on Wednesday to issue a temporary restraining order forcing California to set aside the mail ballots of tens of thousands of alleged noncitizen voters. The 26-page order arrives one day after oral arguments and less than a week before Election Day.

The Justice Department claims 20,000 likely noncitizens remain on California’s voter rolls. First Assistant U.S. Attorney Bill Essayli argued that delaying the decision would disenfranchise citizens through dilution. He stated the department filed a Notice of Appeal and would immediately seek an emergency order from the Ninth Circuit.

Carter wrote that approving the request would disrupt the ongoing election and create a chilling effect on workers and voters. He noted that eroded trust in democracy is irreparable and that once a vote is segregated, lasting harm occurs. The judge stated the court declined to participate in a process where the executive discounts votes based on unproven allegations.

California Attorney General Rob Bonta called the ruling a victory for the rule of law and the right to vote. He said the state would continue fighting to protect elections from federal interference and secure dismissal of the lawsuit. State attorney Anne Bellows argued that segregating the ballots would strip voting rights from thousands of people until their innocence is proven.

The dispute began in mid-October when the Justice Department sent letters to county registrars, giving California 48 hours to review a list of about 20,000 names. When officials missed the deadline, the department sued Secretary of State Shirley Weber and L.A. County Registrar Dean Logan. Weber previously said the federal government had not provided proof of the alleged noncitizens.

Logan’s office conducted a preliminary review of the 20,930 records submitted by the DOJ. Of those, 7,035 had L.A. County addresses. A sample of 200 names revealed that 43 percent of the individuals had canceled their voter registrations and more than 70 percent had no voting history. Logan said claims of unlawful voting must be supported by verifiable evidence rather than assumptions.

Carter questioned the need for an emergency order, noting that the federal government could indict individuals after the election since results are not certified until December. He told members of the administration to cease threats against election workers immediately. The case now moves to the Ninth Circuit Court of Appeals, where a panel previously declined to rule, citing the district judge’s pending consideration.