U.S. District Judge David O. Carter denied a Justice Department request for a temporary restraining order that would have forced California to segregate and not count roughly 20,000 mail ballots from voters the administration claims are likely noncitizens, warning it would disrupt an ongoing election.
A federal judge on Wednesday rejected the Justice Department's request to force California to set aside and not count mail ballots from roughly 20,000 people the administration alleges are likely noncitizens.
U.S. District Judge David O. Carter of the Central District of California denied the temporary restraining order, writing that the request would "wreak havoc" on an election already underway in which more than 3.7 million people have voted. He said the move violated longstanding constitutional principles giving states control over their elections and risked disenfranchising registered voters.
The Justice Department had sought the order after identifying the individuals through a process the judge described as vague and unreliable, noting similar claims in other states had included citizens. California Attorney General Rob Bonta called the ruling a victory for the rule of law and the right to vote, while the department said it would appeal immediately.
Carter's order confirms the denial of the TRO and quotes the unprecedented nature of seeking to coerce a state on the eve of an election. Multiple outlets including AP and The Washington Post report the same outcome, the approximate number of ballots, and the judge's core reasoning. The precise methodology behind the administration's list and any final appellate result remain pending.
The decision arrives days before the November 3 midterm elections that will determine control of Congress. It continues a series of legal setbacks for the administration's efforts to assert greater federal influence over state election administration. California officials have said they will continue counting ballots under existing procedures while the appeal proceeds.
People Sentiments Public Mood: Neutral
- Carter: once a vote is segregated, lasting harm has occurred
- Bonta: no administration can disenfranchise thousands based on highly unreliable claims
- DOJ: will appeal immediately