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Politics · October 29, 2026

Judge denies feds' request to block 20,000 California ballots in blistering opinion

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U.S. District Judge David O. Carter rejected a Department of Justice (DOJ) request to force California election officials to sequester approximately 20,000 mail-in ballots before the November 3 midterm elections. The DOJ sought to isolate these ballots based on claims they were submitted by non-citizens. Judge Carter ruled that the federal government's request violated constitutional principles of state sovereignty over elections and warned that granting the emergency intervention would cause chaos and potential disenfranchisement just days before the vote. This ruling follows a procedural dismissal by the 9th U.S. Circuit Court of Appeals earlier in the week, though the underlying lawsuit remains active.

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Reported across the spectrum

  • U.S. District Judge David O. Carter rejected the Department of Justice's request to segregate approximately 20,000 California mail ballots.
  • The Department of Justice claimed the targeted ballots were associated with individuals who may not be U.S. citizens.
  • The ruling occurred on Wednesday, October 28, ahead of the November 3 midterm elections.
  • Judge Carter's decision cited state sovereignty and the potential for election disruption as reasons for the denial.
  • The 9th U.S. Circuit Court of Appeals had previously dismissed an emergency appeal on procedural grounds.

Reported by only some outlets

  • Judge David Carter was appointed by President Bill Clinton.
  • The DOJ provided Sacramento and Los Angeles officials with a USB drive containing names of suspected non-citizens roughly two weeks prior.
  • California has more than 23 million registered voters.
  • Federal prosecutor Bill Essayli indicated plans to appeal to the 9th Circuit and potentially the Supreme Court.
  • The DOJ alleged California failed to meet a deadline to complete a review of the suspected non-citizens.

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