Judge Carter Rejects DOJ Bid to Seize 20,000 California Ballots Amid Midterm Chaos

Key points

• Judge David Carter, a Clinton appointee, issued a 26-page ruling late Wednesday, rejecting the DOJ’s temporary restraining order request.
• The DOJ claimed 20,000 registered voters in California were noncitizens, but Carter found the government’s methodology unproven and the data suspect.
• Carter stated that segregating ballots would create a 'chilling effect' and cause irreparable harm to the democratic process, noting that once a vote is segregated, it is effectively removed.
• The DOJ immediately appealed the ruling to the Ninth Circuit Court of Appeals, with U.S. Attorney Bill Essayli arguing that the delay disenfranchises citizens through vote dilution.
• California officials, including Attorney General Rob Bonta, called the ruling a victory against federal interference, while local county clerks reported that the DOJ’s lists contained significant errors and lacked necessary verification details.

Background

This dispute began on October 15, 2026, when the DOJ sued California after issuing a 48-hour ultimatum for state officials to review a list of 20,000 names provided on a USB drive. The lawsuit sought to prevent the state from counting mail ballots from these individuals ahead of the November 3 midterm elections. Prior to the lawsuit, the Department of Homeland Security had claimed that up to 190,000 noncitizens were on California voter rolls, a figure that was not substantiated with detailed data until after ballots had already been mailed. The current ruling follows a failed attempt by the DOJ to bypass Judge Carter by appealing directly to the Ninth Circuit, which had already ruled 2-1 against the federal government on procedural grounds.

How outlets are covering it

Fox News emphasized the DOJ’s argument that the delay 'disenfranchises American citizens through dilution' and highlighted U.S. Attorney Bill Essayli’s insistence that the list was accurate and derived from public records. In contrast, The Guardian and NPR focused on Judge Carter’s characterization of the DOJ’s request as an unprecedented attempt to 'coerce a state' and 'bend to the will of the Executive Branch.' NPR noted that legal experts and voting rights advocates, such as the Public Rights Project, described the federal actions as 'election interference' and 'unsubstantiated.' CalMatters provided a granular view of the local impact, detailing how county clerks in Butte, Fresno, and San Benito found the DOJ’s lists to be 'poorly formatted,' 'illegible,' and containing individuals who were not even on active voter rolls. While Fox News framed the issue as a matter of enforcing voting laws, the other outlets emphasized the legal and logistical impossibility of the DOJ’s demands and the potential for disenfranchisement of eligible voters.

Why it matters

The ruling sets a critical precedent for federal-state relations in election administration, affirming that states retain control over their election procedures even under federal pressure. It highlights the tension between federal enforcement of voting laws and the practical realities of mail ballot processing in large states. The outcome will likely influence how other states respond to similar federal demands, as the DOJ has issued similar lists in Washington and Alaska. The case also underscores the ongoing debate over the accuracy of federal data regarding noncitizen voting, with experts suggesting that the DOJ’s methodology may be unreliable and that noncitizen voting is extremely rare.

What to watch

The DOJ has filed a notice of appeal to the Ninth Circuit Court of Appeals and is seeking an emergency order. The case could potentially reach the U.S. Supreme Court if the Ninth Circuit upholds the district court’s ruling. California officials have vowed to continue counting all ballots and to defend the state’s election procedures in court. The DOJ may continue to issue similar demands to other states, but the ruling in California may serve as a deterrent or a legal benchmark for future challenges. The November 3 midterm elections will proceed with the counting of all mail ballots in California, regardless of the federal dispute.