Judge denies DOJ request to segregate 20,000 California ballots
Temporary restraining order denied; underlying lawsuit and any further proceedings remain pendingU.S. District Judge David O. Carter denied the Justice Department's request for a temporary restraining order that would have required California to segregate or withhold vote-by-mail ballots tied to more than 20,000 registered voters whom federal officials allege are likely noncitizens. Carter found that the United States had not established a likelihood of success on its standing, cause-of-action or preemption theories, and that changing election procedures after voting began would risk disenfranchising eligible voters and severely disrupt the election. The ruling rejects the requested emergency relief; it does not dismiss the lawsuit or establish that every person on the federal list is a citizen.
DOJ's complaint alleges that federal matching identified around 20,000 likely noncitizens and argues that counting their ballots would conflict with federal law. Bill Essayli, arguing for the government at the October 27 hearing, said the list was reliable and that the goal was to safeguard the election rather than prosecute thousands of people. California and Los Angeles County disputed the list's methodology and said federal officials had not supplied evidence sufficient to verify the names on the demanded timetable. Carter found the methodology vague and the allegation unsupported by credible evidence at this preliminary stage. He noted that federal prosecutors can pursue individual cases under 18 U.S.C. § 611 and California can cancel registrations proven ineligible. The order does not bar either remedy, and no post-order DOJ response was identified in the reviewed sources.
Event or conduct: Oct 28, 2026 · U.S. District Judge David O. Carter filed the 26-page order on October 28, 2026, after hearing argument October 27. The Associated Press and San Francisco Chronicle published reports on October 28; Reuters published its follow-up early October 29 UTC. The Ledger reviewed the order, court case page, DOJ complaint and release, Ninth Circuit opinion and independent reporting at 9:07 p.m. EDT October 28. The lawsuit, emergency application, hearing, district-court order, news-publication dates and source-review time are distinct.
Source review: Oct 28, 2026 · 9:07 PM EDT