Federal judge rejects DOJ suit to set aside California mail ballots

A federal judge on Tuesday rejected a Justice Department lawsuit that aimed to require California election officials to set aside mail ballots from up to 20,000 alleged non-citizens. In a one-paragraph order, U.S. District Judge David Carter said the suit "attempted to disrupt an ongoing election and create confusion and uncertainty for voters and election workers alike," adding that "the right to vote is sacred. So, too, is trust in our democracy."

The lawsuit, filed in mid-October after California had already begun processing hundreds of thousands of mail ballots, alleged that more than 20,000 registered voters were not U.S. citizens. It sought a court order directing election workers to separate the identified ballots until citizenship could be verified.

After the Justice Department failed to obtain relief from the Ninth Circuit Court of Appeals and the Supreme Court before the November 3 midterm elections, it notified Judge Carter that it would voluntarily dismiss the case. A Justice Department lawyer wrote that the United States was "evaluating how to best ensure that American votes are protected, including by preventing vote dilution by noncitizens."

The judge’s order closed the case and cancelled a hearing that had been scheduled for the following Friday.