Federal judge blocks Justice Department bid on California mail-in ballots

A federal judge has rejected the Justice Department’s request for a temporary restraining order that would have barred California from counting the mail-in ballots of more than 20,000 presumptive non-citizen voters, saying the election “is already underway.”

U.S. District Judge David Carter, in a ruling issued Wednesday evening following a hearing in Los Angeles, said the government’s request “would wreak havoc and disrupt elections already underway, create a chilling effect on election workers and voters, and reduce the votes of American citizens.”

The Justice Department immediately appealed the decision to the Ninth Circuit Court of Appeals.

CALIFORNIA MUST RESPOND TO DOJ’S EMERGENCY REQUEST REGARDING BALLOTS SENT TO ALLEGED NON-CITIZENS, COURT RULES

California sends ballots to its 23 million registered voters. More than 3.7 million people have already voted in the state, including more than 500,000 ballots already processed this week with the ballot already removed from the envelope, according to court filings. (Jae C. Hong/AP)

“The district court denied our emergency request to sequester the ballots of 20,000 suspected non-citizens,” U.S. Attorney Bill Essayli wrote on to the Ninth Circuit.”

NEWSOM PARTS WITH TRUMP-APPOINTED ATTORNEY MORE THAN 20,000 NON-CITIZENS SUSPECTED ON VOTER ROLLS

California sends ballots to its 23 million registered voters. More than 3.7 million people have already voted in the state, including more than 500,000 ballots already processed this week with the ballot already removed from the envelope, according to court filings.

It would now be impossible to know which ballot belonged to a particular voter, according to Los Angeles County officials.

BLANCHE DOES NOT EXCLUDE ELECTORAL CERTIFICATION BLOCKED BY DOJ IN “DOOMSDAY” SCENARIO

“Eroded confidence in our democracy is irreparable,” wrote Judge Carter, appointed by former President Bill Clinton. “Once a vote is separated, lasting harm occurs. If the Executive Branch can discard votes and threaten ongoing elections because of unproven allegations, then our democracy is in danger. This Court refuses to participate in such a process.”

STATE DEPARTMENT CONSIDERS SHARING PASSPORT RECORDS FOR VOTER CITIZENSHIP CHECKS

Carter said “states have control of their elections,” but the federal government claims to have proof that the state refuses to allow 20,000 non-citizens to be registered to vote in the state of California.

President Donald Trump has repeatedly insisted that states aren’t doing enough to prevent noncitizens from voting, which he says is widespread.

Carter said the Justice Department never explained why counting ballots would harm any prosecution under the law, and California said the Justice Department’s claims were based on “suspect data.”

JUSTICE DEPARTMENT CHARGES 16 PEOPLE IN MULTIPLE STATES FOR ALLEGED ILLEGAL VOTING AND ELECTION CRIMES

“There are no mysterious databases; this has been exposed in public statements,” Essayli wrote Wednesday evening on

Registered voters may declare themselves non-citizens to be removed from the voter rolls while they apply for naturalization or declare that they are ineligible for jury duty.

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In Washington state, the Justice Department sent a letter Monday asking officials not to count ballots received from 400 voters who it says are not citizens. Washington had 5 million registered voters in 2024, according to state records.

The Associated Press and Reuters contributed to this report.