Justice Department sues California over alleged noncitizen mail-in ballots
Rule Changes
The Supreme Court rejected the DOJ's emergency bid on Nov. 2. California voted Nov. 3 with the disputed ballots counted. On Nov. 6 the DOJ moved to dismiss its own lawsuit before a planned special master hearing.
The Supreme Court refused on Nov. 2 to make California set aside about 20,000 mail ballots until their citizenship could be checked. California held its midterm election the next day with those ballots in the count.
On Nov. 6, the Justice Department moved to dismiss its own lawsuit, days after Republicans' significant midterm losses and about a week before a hearing where special master Daniel B. Garrie was to test the accuracy of the government's list. Judge David O. Carter appointed Garrie on Oct. 29. Grand jury subpoenas had ordered Los Angeles County election workers to appear on Nov. 4.
Why it matters
California counted the ballots the Justice Department called suspect, and the department has now moved to drop its lawsuit.
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Key Indicators
20,000+
Voters flagged as likely noncitizens
The DOJ identified more than 20,000 registered voters in California it says are likely noncitizens. Carter denied the bid to set their ballots aside on Oct. 28, the Ninth Circuit rejected the appeal on Oct. 30, the Supreme Court rejected the emergency bid on Nov. 2, and the DOJ moved to dismiss the case on Nov. 6.
28
Foreign nationals charged
Federal prosecutors charged 28 lawful permanent residents with election crimes on Oct. 19; 11 were arrested.
18+
Counties sent 48-hour demands
At least 18 county registrars received DOJ letters dated Oct. 23 ordering them to segregate ballots until citizenship is confirmed.
Nov. 3
Election Day
The midterm election was held Nov. 3, after the Supreme Court declined to block counting of the disputed ballots.
Rejected
Supreme Court emergency bid
The Supreme Court rejected the DOJ's emergency request to force California to segregate ballots on Nov. 2, in a one-sentence order with no noted dissents.
Nov. 6
DOJ moves to dismiss
The Justice Department asked to dismiss its lawsuit on Nov. 6, days after Republicans' midterm losses and about a week before a special master hearing on its list.
23 events
Latest: 5 days ago
Showing 8 of 23
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November 2026
DOJ moves to dismiss its California ballot lawsuit
LatestLegal
The Justice Department asked to dismiss the suit it filed to stop California from counting about 20,000 ballots until citizenship was verified. The request came days after Republicans' midterm losses and about a week before a special master hearing on the accuracy of the government's list.
Supreme Court rejects DOJ emergency bid on California ballots
Legal
The Supreme Court ruled against the Trump administration's request to force California to segregate and not count ballots from about 20,000 voters the DOJ calls noncitizens. The election is Nov. 3.
DOJ urges sanctions over critical database analysis
Legal
The Justice Department defended its list of more than 20,000 suspected noncitizen voters and urged a judge to sanction a UCLA Voting Rights Project analysis that criticized the data, the Associated Press reported.
October 2026
Ninth Circuit again rejects DOJ bid to set aside California ballots
Legal
A federal appeals court refused the DOJ's request to set aside about 20,000 California mail ballots, saying separating them could disrupt the election system and disenfranchise citizens. The appeal followed Judge Carter's Oct. 28 denial.
Reported DOJ criminal probe of California mail-in ballots
Legal
Democracy Now reported that the DOJ opened a criminal probe of California mail-in ballots despite the judge's order. ABC News later reported that grand jury subpoenas to Los Angeles County election workers were part of a criminal investigation into the state's voter rolls.
Judge bars DOJ from threatening election workers
Legal
A separate federal judge barred the Justice Department from demanding that election offices remove suspected noncitizens from the rolls, segregate their ballots or threaten legal action, the Los Angeles Times and NBC Los Angeles reported. The order came hours after the Ninth Circuit refused the department's appeal.
Grand jury subpoenas sent to Los Angeles election workers
Legal
The Associated Press obtained copies of three subpoenas sent Oct. 21 and Oct. 24 to employees of the Los Angeles County Registrar-Recorder, ordering them to appear Nov. 4, the day after the election. They seek documents about the federal letters alleging noncitizens on the voter rolls.
Judge appoints special master to review DOJ voter list
Legal
U.S. District Judge David O. Carter named Daniel B. Garrie special master and tasked him with "developing the factual record" on the government's claims about roughly 20,000 flagged voters, the Associated Press reported.
Judge rejects DOJ bid to block California ballots
Legal
Judge David Carter denied the Justice Department's request to stop California from processing ballots from about 20,000 flagged voters. Reports say the case is not over and will likely be appealed.
DOJ appeals ballot denial to Ninth Circuit
Legal
The Justice Department filed a notice of appeal late Wednesday and asked the 9th Circuit to rule by Friday. It said ballots are being processed on an ongoing basis.
Carter weighs special master to review federal list
Legal
At the Los Angeles hearing, Carter said he was considering a special master to evaluate the DOJ's claims. A review could finish before certification.
Ninth Circuit panel questions DOJ ballot demand
Legal
At a rare weekend argument, two of three Ninth Circuit judges questioned the timing, constitutionality and authority of the DOJ's demand. The judges were skeptical of the lawsuit, according to the Associated Press.
DOJ gives 18 counties 48 hours to segregate ballots
Legal
Letters signed by First Assistant U.S. Attorney Bill Essayli told county registrars to segregate, not cancel, mail ballots from voters whose citizenship could not be confirmed. At least 18 counties received them.
California files opposition to ballot demand
Legal
The secretary of state's office told the court the suit was "a reckless political stunt" and said the federal government had offered no concrete evidence. County officials reported that a 200-name sample from the federal list was riddled with errors.
DOJ asks Ninth Circuit to step in before judge rules
Legal
The Justice Department asked the 9th U.S. Circuit Court of Appeals to intervene while Judge David Carter had not ruled, calling his silence a "constructive denial." The appeals court ordered California to respond by noon Saturday.
Judge limits election-related immigration stops
Legal
A federal judge in Northern California ruled that immigration agents' door knocks and street stops aimed at finding voter fraud must be reined in before Nov. 3, finding they intimidated U.S. citizens and interfered with voting rights groups.
California urges court to deny ballot order
Legal
Attorney General Rob Bonta asked the court not to issue the order. Los Angeles County officials said a sample of 200 flagged voters found many appeared to be citizens and most had not voted or been sent ballots.
DOJ charges 28 foreign nationals in California election crimes
Legal
Federal prosecutors charged 28 lawful permanent residents with fraudulently registering or voting; 11 were arrested. The DOJ says all 28 appear on its list of more than 20,000 likely noncitizen registrants.
DOJ asks court to segregate 20,000 ballots
Legal
The Justice Department sought a temporary restraining order and preliminary injunction requiring California to set aside mail ballots from voters it calls likely noncitizens until citizenship is confirmed.
Common Cause challenges DOJ lawsuit
Legal
Common Cause asks court to hold status conference, citing possible violation of prior order.
Justice Department warns California officials they risk prosecution over ballots
Legal
A senior Justice Department official sent a letter to the Los Angeles County Counsel's office, copied to Secretary of State Shirley Weber and Registrar Dean Logan, saying local officials who process or tabulate ballots from suspected noncitizens could face criminal investigation and prosecution.
DOJ files lawsuit against California
Legal
DOJ files lawsuit in Los Angeles federal court to block counting of ballots from alleged noncitizens.
DOJ issues 48-hour deadline to California
Legal
DOJ sends California election officials a letter with a 48-hour deadline to review 20,000 alleged noncitizen voters.
Scenarios
1
Court grants injunction, California must set aside ballots
Deadline passed (Nov 3, 2026)
Discussed by: The DOJ is seeking this outcome. The Trump administration has argued in other cases that federal law requires states to remove noncitizens from voter rolls.
The judge grants the DOJ's request for a preliminary injunction, an order that takes effect before trial. California must set aside ballots from the 20,000 voters until their citizenship is verified. Eligible voters who were wrongly flagged could lose their vote.
2
Court denies injunction, California counts ballots
Deadline passed (Nov 3, 2026)
Discussed by: Rick Hasen and other election law experts have expressed skepticism about the DOJ's legal authority. Common Cause says the lawsuit may violate a prior court order.
Judge Carter denied the DOJ's request to set the ballots aside on Oct. 28. The Ninth Circuit refused to overturn that on Oct. 30 and the Supreme Court declined to intervene on Nov. 2, so California counted the ballots in the Nov. 3 election. The case itself has not been dismissed.
3
Case dismissed or becomes moot after election
Possible
Resolves by Dec 1, 2026
Discussed by: The Justice Department, which moved to dismiss its own lawsuit on Nov. 6
On Nov. 6, days after the midterm election, the Justice Department moved to dismiss its own lawsuit. Judge Carter has not ruled on the request. If granted, the case ends without a ruling on the ballot claims.
4
Ninth Circuit orders ballots segregated before Election Day
Deadline passed (Nov 3, 2026)
Discussed by: The Justice Department, which asked the appeals court to intervene on Oct. 22
The Ninth Circuit rejected the DOJ's emergency appeal on Oct. 30 and the Supreme Court declined to intervene on Nov. 2, so no appellate order held back the ballots before the election. This outcome did not occur.
5
Grand jury charges a California election official
Uncertain
Resolves by Jan 31, 2027
Discussed by: The Justice Department, whose grand jury subpoenas ordered Los Angeles County election workers to appear Nov. 4
The subpoenas sought documents about the federal letters alleging noncitizens on the voter rolls. Workers were ordered to appear Nov. 4. An indictment would test how far federal prosecutors can reach into local election administration.
Historical Context
3 moments from history that rhyme with this story — and how they unfolded.
1 of 3
December 2000
Bush v. Gore (2000)
The Supreme Court halted a manual recount of Florida ballots, effectively deciding the 2000 presidential election for George W. Bush. The Court ruled 5-4 that the recount violated the Equal Protection Clause.
Then
Bush won Florida's 25 electoral votes and the presidency.
Now
Established that federal courts can intervene in state election administration, though the Court said its decision was limited to the facts of that case.
Why this matters now
Shows the precedent for federal courts intervening in state election processes, though such intervention remains rare and controversial.
2 of 3
2018
Georgia voter roll purges (2018)
Georgia Secretary of State Brian Kemp, running for governor, removed hundreds of thousands of voters from the rolls before the 2018 election. A federal judge later ruled the purge violated federal law.
Then
Kemp won the governorship, but the purge drew national scrutiny.
Now
Highlighted how voter roll maintenance can disenfranchise eligible voters, particularly minorities.
Why this matters now
Shows the stakes of voter roll maintenance and the risk of disenfranchising eligible voters.
3 of 3
November-December 2020
2020 election challenges
Trump and his allies filed dozens of lawsuits challenging election procedures and results in battleground states. Nearly all were dismissed for lack of evidence.
Then
Courts rejected the challenges, and Biden was certified as the winner.
Now
Set a pattern of election litigation that continues to shape election law.
Why this matters now
Shows the pattern of challenging election administration through the courts, though this case is pre-election rather than post-election.
