The Radical Reading Room

A federal judge on Tuesday said he was considering appointing a special master to review the Trump administration’s claim that about 20,000 noncitizens are on California’s voter rolls. U.S. District Judge David O. Carter made the comments during a hearing in the Justice Department’s lawsuit seeking to stop the state from counting ballots associated with people it alleges are ineligible to vote. No appointment had been made as of Tuesday.

Carter said an independent review could assess the claims from both sides, rather than requiring him to decide the dispute on a rushed record. He was expected to issue a formal ruling or order by Wednesday. The judge also expressed concern that acting on the federal government’s demands while voting was underway could change election procedures and risk disenfranchising eligible voters.

The Justice Department sued California election officials earlier in October. The lawsuit challenges their response to a federal 48-hour deadline concerning the department’s list of people it identified as possible noncitizens. The administration has sought to have ballots linked to those voters set aside while their citizenship is checked; California has resisted the demand. The allegation that people on the list are noncitizens has not been established by the judge.

The dispute is unfolding during California’s midterm election, with voting already underway. Carter said a special master could examine the evidence before the state’s deadline to certify election results, but the court had not yet decided whether to appoint one or what remedy, if any, would follow. The reports describe the list’s accuracy and the possible effect on voters as central concerns; they do not establish that the allegations will affect the election or its certification.