The Radical Reading Room

A federal judge on Wednesday denied the Justice Department’s request for an emergency order requiring California to set aside roughly 20,000 ballots tied to people the administration describes as likely noncitizens. U.S. District Judge David O. Carter issued the ruling in California. The department had asked the court to keep the ballots from being counted until voters’ immigration status could be checked.

The administration’s lawsuit accused California election officials of failing to review a list of about 20,000 names within a 48-hour deadline. The federal government alleged that the people on the list were likely noncitizens; the request sought to segregate their ballots while that status was verified. The ruling denied the requested intervention, rather than establishing that any listed person had voted unlawfully.

Carter said the proposed separation could disrupt an election already underway, create a chilling effect for election workers and voters, and discount votes cast by U.S. citizens. He also warned that counties would need new methods to sort ballots, risking confusion and disenfranchisement. The judge characterized the allegations as unproven and the identification process as uncertain and vulnerable to errors.

The decision leaves the administration’s request to halt or delay counting rejected. Carter said segregating ballots could cause lasting harm and that the public interest favored protecting voters and election staff. The Justice Department’s claim that the listed individuals were likely noncitizens remains an allegation; the ruling does not establish that they cast ballots unlawfully.