Federal Judge Rejects Bid to Segregate California Ballots, Warns of Election Chaos

Federal Judge Rejects Bid to Segregate California Ballots, Warns of Election Chaos

District Court Denies Emergency Freeze on 20,000 Ballots

U.S. District Judge David O. Carter on Wednesday denied an emergency request by the Justice Department to force California to segregate as many as 20,000 ballots, warning that granting the request in the middle of voting would wreak havoc on the midterm elections. The ruling came as more than 3.7 million Californians had already voted, with over 500,000 votes already counted. Carter issued the ruling on Wednesday, October 28, after a hearing the previous day that lasted several hours.

Justice Department Challenged Voters' Citizenship

The Justice Department sued California, Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan on Oct. 15, after state officials rebuffed a 48-hour deadline to review a list of about 20,000 registered voters whom federal officials described as likely noncitizens. The administration asked the court to require the state to set those ballots aside until voters' immigration status could be verified.

Judge Found Federal Screening Method Unreliable

Carter said the federal government's protocol raised significant concerns and that he could not conclude its process was credible. He warned that the list could include many lawful voters and that segregating so many ballots risked disenfranchising thousands of citizens. State Attorney General Rob Bonta called the litigation a precursor to further federal interference in California's elections.

Ruling Centered on States' Control of Elections

Carter wrote that the request violated longstanding constitutional principles mandating that states control their own elections, adding that if the executive branch could discount votes on unproven allegations, American democracy itself would suffer. He also said threats against state and county election workers should cease immediately. Acting U.S. Attorney Bill Essayli countered that segregating ballots merely preserved the status quo rather than discarding votes.

Second Appeal Expected After Earlier 2-1 Defeat

The ruling followed an unusual attempt by the Justice Department to bypass Carter altogether: after he set an Oct. 27 hearing, the department sought emergency relief from the Ninth Circuit, which rejected the bid 2-1 on Oct. 26 as premature. The federal government said Wednesday evening that it would appeal Carter's order, a fight that could ultimately reach the U.S. Supreme Court. Carter also said he would appoint a special master to assist with the case, and the case now returns to his courtroom, where the special master will help oversee the next steps.