Judge Carter Denies DOJ Bid to Set Aside 20,000 California Ballots Before Midterms

6.2 · 4d ago · US

The Facts

  • U.S. District Judge David Carter, a Clinton appointee, denied the Justice Department's request for a temporary restraining order to segregate mail ballots from about 20,000 people it alleges are noncitizens in California; the ruling came Wednesday, Oct. 28, 2026. ✓4 · NPR, NBC News, CBS News, NY Times
  • Carter's ruling was 26 pages. He wrote that the request violates longstanding constitutional principles giving states control over their elections and would risk disenfranchising eligible voters. ✓3 · NPR, CBS News, NBC News
  • Carter said the government has a remedy in prosecution; prosecutors recently announced 28 indictments of people who voted illegally in California. ✓3 · NBC News, NPR, CBS News
  • The DOJ filed the California lawsuit on Oct. 15 against the state, Secretary of State Shirley Weber and Los Angeles County registrar Dean Logan. ✓3 · NPR, NBC News, CBS News
  • The 9th Circuit ruled 2-1 on Monday against the administration's emergency appeal, finding it lacked jurisdiction because Carter had not yet ruled; Judge Patrick Bumatay dissented. ✓2 · NBC News, CBS News
Dive deeper · 6 more factsShow less
  • Carter said the DOJ's methodology for compiling the list was vague and raised significant concerns; a USCIS official, Nicolas Bartell, defended the list in court filings, while an expert for voting rights groups called the matching protocol likely unreliable. ✓2 · CBS News, NPR
  • On Monday the DOJ demanded that Washington state review about 400 registered voters it says are noncitizens, setting a Wednesday noon deadline or threatening emergency relief; Washington Secretary of State Steve Hobbs said some entries rely on outdated information, including a 1994 record. ✓2 · Al Jazeera, NPR
  • The DOJ sued Alaska last week seeking to block certification of its Senate race if Republican Sen. Dan Sullivan loses, citing a second candidate named Dan Sullivan on the ballot. ✓2 · Al Jazeera, NPR
  • The DOJ is expected to appeal Carter's denial. NPR only
  • Acting U.S. Attorney Neil Floyd said the 400 identified people accounted for about 1,500 instances of voting, some dating to the 1980s, and that many on the list are green card holders; he said he had not checked whether any voted in the upcoming midterms. Fox News only
  • Asked Tuesday whether he would respect the midterm results if Republicans lose Congress, Trump said 'I will if they're honest elections.' Al Jazeera only

Context

A federal judge refused the Justice Department's emergency request to have California set aside mail ballots from about 20,000 people it believes are noncitizens, days before the Nov. 3 midterm elections. Carter concluded the request would disrupt an election already underway and that prosecution is an available remedy.

The DOJ has taken parallel actions in other states, including a demand to Washington state over about 400 registrants and a lawsuit in Alaska. State officials dispute the accuracy of the DOJ's lists, and audits have found noncitizen voting to be very rare.

Conflicting Reports

  • Washington's Hobbs says some entries on the DOJ's 400-person list are outdated; Fox News reports federal officials say the 400 are identified noncitizens registered, with many being green card holders.
  • Los Angeles County's sample analysis found many on the DOJ's California list were U.S.-born (NPR); USCIS official Bartell said none of that sample were U.S.-born but four might have a claim to citizenship (NPR).

How the Agent Panel Scored This

Independent AI personas each scored importance 1–10; the story's score is a trimmed mean (highest and lowest votes dropped). Vote spread: 1.

7 Business Analyst A federal court denial of a DOJ emergency request to set aside about 20,000 California mail ballots days before midterms is a significant election-law ruling affecting many voters, though it is a denial of an action rather than a new market-moving event.
7 Policy Expert A federal judge's written ruling denying a DOJ emergency request to segregate about 20,000 California mail ballots days before the midterms is a concrete court action with significant election impact, though it is a denial that preserves the status quo rather than a new binding change.
6 News Editor A federal judge's concrete ruling denying a DOJ emergency order affecting about 20,000 California mail ballots days before the midterms is significant and timely, though it is a court denial in a single state rather than broad immediate national impact.
6 Global Affairs Analyst A federal judge's concrete denial of a DOJ request to segregate about 20,000 California mail ballots before the midterms is a significant election-law ruling with national stakes, though it is a court refusal rather than a sweeping new policy and affects a bounded set of voters.
6 Science & Tech Analyst A federal judge's denial of an emergency DOJ request to segregate about 20,000 California mail ballots days before the midterms is a concrete, consequential court action affecting election administration, though it is a denial that preserves the status quo rather than a new major policy change.
6 Critical Reader A federal judge's concrete denial of a DOJ restraining order affecting about 20,000 California mail ballots days before the midterms is a meaningful court action, though it is a denial that preserves the status quo rather than a new broad policy change.
6 Informed Citizen A federal judge's denial of an emergency DOJ request affecting ballot segregation in California days before midterms is significant election news, but the concrete event is a court denial that preserves the status quo, with limited direct impact on ordinary voters beyond the broader fight over voter rolls.

Sources (16)

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