The Justice Department has asked the Supreme Court for an emergency order to separate mail ballots associated with over 20,000 suspected noncitizens in California. This request comes one day before Election Day and follows previous rejections from lower courts. The DOJ argues that mixing these ballots with others could prevent the identification of unlawfully cast votes. The case is significant as California continues processing ballots for the upcoming midterm elections.
Key facts
- DOJ requested Supreme Court intervention on November 2, 2026.
- Over 20,000 mail ballots are linked to suspected noncitizens.
- The 9th U.S. Circuit Court of Appeals rejected the DOJ's request on October 28, 2026.
- Solicitor General D. John Sauer argues that mixing ballots makes it impossible to trace unlawful votes.
- California disputes the reliability of the DOJ's list of suspected noncitizens.
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