Federal judge denies DOJ request to halt counting of California mail ballots

U.S. District Judge David Carter in Los Angeles denied the Justice Department’s request for a temporary restraining order that would have prevented California from counting mail ballots linked to more than 20,000 alleged noncitizen voters. Carter said the request would "wreak havoc and disrupt the election that is already underway, create a chilling effect on election workers and voters alike, and discount the votes of United States citizens."

The Justice Department filed an immediate appeal with the Ninth Circuit Court of Appeals. U.S. Attorney Bill Essayli posted on X that the department had "filed our Notice of Appeal and will immediately seek an emergency order from the Ninth Circuit."

California, which mails ballots to all 23 million registered voters, has already processed over 500,000 mail ballots this week, according to court filings. Los Angeles County officials noted that it would be impossible to identify which ballot belongs to a specific voter at this stage.

Carter, appointed by former President Bill Clinton, wrote that "states have control over their elections" and warned that allowing the executive branch to intervene based on unproven allegations could damage democratic processes. He also noted that the Justice Department had not explained how counting the ballots would affect any prosecutions.

The Justice Department has previously cited comparisons of voter rolls with immigration, Social Security and passport records, asserting that voting by noncitizens is unlawful. The department’s actions are part of a broader effort that includes similar requests in other states, such as Washington.