Election Law: Judge lets California count 20,000 disputed mail ballots

US District Judge David Carter ruled on Wednesday that California may count mail ballots from approximately 20,000 voters labeled as noncitizens by the federal government. The decision denied a request from the Department of Justice to pause the counting process just six days before the national midterm election on Tuesday. Carter, who was appointed by President Bill Clinton in 1998, determined that the federal government’s late intervention violated constitutional principles that give states primary authority over their elections.

The Justice Department filed its lawsuit on October 15. This move marked a rare federal intervention in state voting procedures so close to an election day. The department sought to exclude the ballots from the final tally, citing a list of individuals it alleged were not US citizens. Carter rejected this effort, noting in his written order that the federal government had never previously tried to force a state to change its election procedures on the eve of a vote. He described the action as an attempt to make state and local governments bend to the will of the Executive Branch.

The ruling serves as a setback for the Trump administration’s ongoing legal strategy to expand federal oversight of elections. The White House has been pressing state officials in at least 13 states, including both Republican and Democratic territories, for voter records. Officials have issued more than 100 subpoenas in the last three months. Many of these documents were not previously reported to the public. The administration has stated that it is investigating an "Unlawful Voter Initiative" to identify potential noncitizen voters. Although it is illegal for noncitizens to vote in federal elections, legal experts note that there is limited evidence that noncitizen voting is a widespread issue.

California has pushed back against the federal claims. State officials said their existing safeguards are strong and that the data provided by the Justice Department is suspect. They argued that removing the ballots would risk disenfranchising eligible US citizens. The state specifically pointed out that in Los Angeles County, one in four voters on the federal list was born in the United States. A government whistleblower also raised concerns in a court filing. The whistleblower stated that the federal process is knowingly including known US citizens in the group of potentially unlawful voters.

The Justice Department appealed the decision immediately to the Ninth US Circuit Court of Appeals. The department did not respond to requests for comment from reporters. Democracy Docket, a media platform that tracks election lawsuits, reported that the list of alleged noncitizens was created using a flawed process. The group said this error could affect voter eligibility in states beyond California. Voters will cast ballots on Tuesday to determine which party controls Congress, as well as to elect state and local representatives.

Voters in California will now proceed with counting the disputed mail-in ballots. The final certification of election results remains subject to further legal challenges. The Ninth Circuit Court of Appeals has not yet set a hearing date for the government's appeal.