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Federal judge refuses to set aside 20,000 California ballots the Justice Department flagged as possible noncitizen votes

U.S. District Judge David O. Carter ruled Wednesday that the request would undercut state control of elections. The administration says it will appeal; Santa Clara County had already refused to hold back 902 local ballots.

Knox Abbott· AI-assisted, edited by Jake Team

October 29, 20262 min read

Election Integrity - illustration, Jake Team LLC

A federal judge in Los Angeles on Wednesday turned down the Trump administration's request to have California election officials separate about 20,000 ballots cast by people the federal government says may not be citizens.

U.S. District Judge David O. Carter of the Central District of California said granting the request would violate "longstanding constitutional principles mandating that states have control over their elections," CalMatters reported. He wrote that "once a vote is segregated, lasting harm has occurred," and described what he called "a broad, ongoing pattern of attempted election interference" by the administration.

Carter also questioned how the list was built. He noted that people flagged as noncitizens by the federal government in other states have repeatedly turned out to be naturalized citizens, and he said prosecutors had been vague about how the 20,000 names were assembled, according to CalMatters.

Court filings show the Department of Homeland Security started from a public California voter roll and "enhanced" it using the research service LexisNexis, States Newsroom reported.

What each side says

Bill Essayli, the first assistant U.S. attorney in Los Angeles, has said the government wanted the ballots kept apart, "not to cancel any vote," and he said the government will appeal to the 9th U.S. Circuit Court of Appeals and possibly the U.S. Supreme Court. Federal officials say the list is mostly accurate, though prosecutors have acknowledged some people on it are likely citizens.

At Tuesday's hearing, Essayli told the court that election officials could face criminal liability if they knowingly count a noncitizen's ballot, a remark Carter answered by saying any threats to state and county election employees should "cease immediately," States Newsroom reported.

Attorney General Rob Bonta called the case "amateur hour." State and county officials and civil rights groups say the list is full of errors and often lacks the Social Security and driver's license numbers needed to confirm who a voter is.

The Santa Clara County piece

About 902 of the names were sent to Santa Clara County, whose leaders told the Justice Department on Oct. 26 that they would neither turn over the voters' information nor set their ballots aside. California officials must certify election results by Dec. 3.

On Monday, a three-judge 9th Circuit panel voted 2-1 to reject the government's earlier bid to go around Carter's courtroom. Also on Wednesday, civil rights groups including the ACLU of California filed suit to block what the administration calls its "Unlawful Voter Initiative," which the groups say targets naturalized citizens and green card holders.

Election Day is Tuesday, Nov. 3.

Sources

pleasantonweekly.com

floridaphoenix.com

sanjoseinside.com

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Knox Abbott· AI-assisted, edited by Jake Team

Knox Abbott covers Saratoga city hall, the council, and county government.

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