Judge Sets Wednesday Ruling on DOJ Bid to Set Aside Ballots
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U.S. Department of Justice — Public professional press contact
Question: What evidence did the Justice Department find that indicates about 20,000 mail ballot voters may be noncitizens and ineligible to vote?
Contacted: October 29, 2026 at 12:13 AM (server time).
Status: Response pending; no substantive response recorded.
A Los Angeles federal judge said Tuesday he would rule by Wednesday on the Trump administration’s emergency request to set aside mail ballots associated with about 20,000 people the Justice Department suspects are not eligible to vote. U.S. District Judge David O. Carter heard arguments from federal prosecutors and California officials during a hearing that lasted about three hours.
The administration sought to prevent the ballots from being counted while voters’ eligibility was resolved. Federal prosecutor Bill Essayli argued that the government had found credible evidence of suspected noncitizens registered to vote by mail. He also accused California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan of allowing lawful and unlawful ballots to be mixed.
California officials opposed the request. The state’s attorneys disputed the government’s basis for its allegations, while Carter appeared doubtful of the claims and indicated there was no immediate need for an order preventing the ballots from being counted. He gave election officials until Dec. 3, the deadline for certifying election results, to resolve the dispute.
At the end of the hearing, Carter warned that threats against state and county election employees should cease. He also indicated he would set another hearing within about two weeks. The judge had not ruled on the request as of the hearing’s conclusion; his decision was expected by Wednesday.
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