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Federal Judge Denies DOJ Request to Set Aside 20,000 California Mail Ballots

A federal judge has denied the DOJ's request to set aside mail ballots from over 20,000 suspected noncitizens in California, maintaining the state's election procedures ahead of the midterm elections. The DOJ plans to appeal the decision.

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David Carter Bill Essayli

A federal judge has ruled against the Department of Justice's effort to set aside mail ballots associated with more than 20,000 suspected noncitizens in California. U.S. District Judge David Carter stated that the DOJ's intervention could disrupt the election process and infringe on state authority. The ruling allows California to continue its existing ballot-processing procedures ahead of the upcoming midterm elections on November 3. The DOJ plans to appeal the decision, arguing that counting these ballots could dilute lawful votes.

Key facts

  • Judge David Carter denied the DOJ's request on October 28, 2026.
  • The DOJ identified over 20,000 suspected noncitizens registered to vote in California.
  • Carter warned that the DOJ's intervention could disrupt the election process.
  • California officials dispute the reliability of the federal list of suspected noncitizens.
  • The DOJ plans to appeal the ruling to the 9th U.S. Circuit Court of Appeals.
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Original Headline

Judge denies DOJ effort to isolate 20,000 California mail ballots

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Federal Judge Denies DOJ Request to Set Aside 20,000 California Mail Ballots