A federal judge rejected the Trump administration’s effort to stop California counting ballots flagged as potentially cast by noncitizens, citing unreliable evidence and risks to voters’ rights.
A federal judge has rejected the Trump administration’s attempt to stop California from counting ballots cast by more than 20,000 registered voters whom the Justice Department says may be noncitizens. The ruling leaves the state’s counting procedures in place while the department’s lawsuit proceeds.
U.S. District Judge David Carter denied the department’s request for a temporary restraining order. Filed October 15, the lawsuit sought to bar officials from counting ballots from the flagged voters. Carter said the request raised serious concerns about federal interference with state election procedures and the rights of eligible voters.
Carter’s 26-page order found the department’s list insufficiently reliable for the requested emergency relief. It also said the case likely implicated the National Voter Registration Act, Voting Rights Act and Civil Rights Act. The department had not adequately explained how counting ballots would hinder federal prosecutions of noncitizens who vote in federal elections, according to reporting on the ruling.
The data methodology remains central to the dispute. The department’s broader review initially identified about 190,000 possible noncitizens, then narrowed its case to 20,000 described as “high-confidence” matches. The Los Angeles Times and Daily Journal reported that the government did not adequately explain its matching method or provide error rates. A mistaken match could put an eligible voter’s ballot at risk, including those of naturalized citizens. The department has not said how many of the flagged people submitted mail ballots.
Carter warned that excluding ballots on the basis of unproven allegations could cause lasting harm to voters and public trust. California says its safeguards against noncitizen voting are robust and that complying with the federal demand could disenfranchise eligible voters. Gov. Gavin Newsom called the decision a victory for the rule of law and said the state would continue seeking dismissal of what he called a baseless lawsuit.
The Justice Department filed a notice of appeal after the ruling and said it would seek emergency relief from the Ninth Circuit Court of Appeals, according to NPR and CNN. Department lawyer Bill Essayli wrote on X that ballots were being processed each day and said he would seek an emergency order.
The Ninth Circuit had already rejected an earlier emergency request, filed before Carter ruled. On October 26, a three-judge panel dismissed that appeal as premature in a 2-1 decision. Judges Mark Bennett and Gabriel Sanchez formed the majority; Judge Patrick Bumatay dissented. The majority questioned the claimed urgency as at least partly “self-constructed” and indicated it might have denied relief even if the court had jurisdiction, according to The Hill and Democracy Docket.
The two appeals are distinct: the first was dismissed because Carter had not yet ruled; the latest challenges his order. Neither has blocked California from counting the ballots. The courts have not decided the merits of the lawsuit or established whether any flagged voter cast a ballot.
Carter plans further fact-finding, including another hearing within two weeks. Expert testimony and a court-appointed special master are expected to examine the list and the parties’ evidence, according to MyNewsLA. Officials have until December 3 to certify results, leaving a compressed schedule for review.
The administration has also pursued election-related actions involving Alaska and Washington, according to the source reporting. The California case turns on a narrower question: whether the federal government can obtain extraordinary pre-election relief based on a voter list whose reliability and methodology remain contested. For now, ballots remain subject to California’s procedures as the courts weigh the evidence and the limits of federal authority.

