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Archived story · published November 7, 2026. Coverage reflects reporting at the time. See today's brief

Politics · November 7, 2026

US Justice Department drops bid to force California to set aside disputed ballots

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The U.S. Department of Justice (DOJ) has moved to dismiss its lawsuit against California that sought to prevent the state from counting approximately 20,000 ballots belonging to individuals the federal government alleged were noncitizens. The voluntary dismissal follows a Supreme Court rejection of an emergency appeal to separate these ballots earlier in the week. DOJ attorneys stated in their filing that the requested relief was no longer feasible because the ballots were being processed and commingled with the general pool, making it impossible to identify and segregate them before a scheduled November 13 hearing. The dismissal occurs in the wake of midterm elections where Republican candidates faced significant losses.

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Reported across the spectrum

  • The Justice Department filed a motion to dismiss its own lawsuit against California.
  • The lawsuit sought to stop the processing of approximately 20,000 ballots suspected of belonging to noncitizens.
  • The Supreme Court had previously rejected an emergency appeal from the DOJ in this case.
  • The DOJ filed its voluntary dismissal on November 6.

Reported by only some outlets

  • A special master was scheduled to evaluate the accuracy of the voter list on November 13.
  • The Justice Department claimed it is still evaluating other methods to address potential noncitizen voting.
  • California officials and a presiding federal judge previously described the list of suspected noncitizens as out-of-date or inaccurate.
  • The DOJ stated in filings that disputed ballots are being stripped of identifying information, making segregation impossible.

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