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Judge Denies DOJ Request to Set Aside California Ballots for Suspected Noncitizen Voters

A U.S. District Judge has denied the Justice Department's request to set aside ballots in California linked to over 20,000 suspected noncitizen voters. The judge ruled that the intervention would disrupt the ongoing election and questioned the reliability of the evidence provided by the DOJ. California officials disputed the accuracy of the list, which included U.S.-born individuals. The DOJ plans to appeal the ruling.

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David O. Carter Bill Essayli Hans von Spakovsky Rick Hasen

U.S. District Judge David O. Carter has rejected the Justice Department's emergency request to set aside mail-in ballots in California linked to over 20,000 voters whose citizenship is in question. The judge ruled that the request would disrupt an ongoing election and raised concerns about the reliability of the evidence. California officials have disputed the accuracy of the flagged list, which included U.S.-born citizens. The DOJ intends to appeal the decision.

Key facts

  • Judge David O. Carter denied the DOJ's request on October 29, 2026.
  • The DOJ identified over 20,000 voters as 'likely aliens'.
  • California officials processed over 500,000 ballots before the request.
  • First Assistant U.S. Attorney Bill Essayli stated the ruling disenfranchises citizens.
  • Experts expressed differing views on the DOJ's request and state authority.
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Original Headline

Trump DOJ's fight over 20K suspected noncitizen voters takes sharp turn as California ballots pour in

Neutral Headline

Judge Denies DOJ Request to Set Aside California Ballots for Suspected Noncitizen Voters