Judge halts federal push to freeze 20,000 California mail ballots

A federal judge blocked the Justice Department from stopping California from counting mail ballots linked to more than 20,000 alleged noncitizen voters on Wednesday night. U.S. District Judge David Carter issued the ruling after a hearing in Los Angeles, citing the timing of the general election. The decision allows state officials to continue processing votes that have already been opened and counted.

The legal dispute began when the Department of Justice sought a temporary restraining order to sequester those specific ballots. The federal government argued that counting the votes would dilute the impact of citizens' ballots and complicate potential criminal prosecutions. The administration maintains that 20,000 noncitizens are currently registered to vote in California, a figure the state has disputed by calling the data suspect.

Carter rejected the emergency request, writing that the intervention would create a chilling effect on election workers and voters. He noted that the election was already underway and that separating the ballots now would cause lasting harm to public trust. The judge, appointed by former President Bill Clinton, stated that the government did not explain why counting the ballots would impair ongoing legal cases.

The Justice Department filed an appeal to the Ninth Circuit Court of Appeals shortly after the ruling. U.S. Attorney Bill Essayli stated that the Solicitor General authorized the immediate action. He argued that every day more ballots are processed, and that the ongoing emergency disenfranchises American citizens through dilution. The department plans to seek an emergency order from the appellate court.

Court filings show that California has mailed ballots to all 23 million registered voters. More than 3.7 million people have already cast ballots in the state. Over 500,000 of those ballots were processed this week, meaning the paper votes are out of their envelopes. Los Angeles County officials told the court it would be impossible to identify which specific ballot belongs to a particular voter at this stage.

The conflict mirrors a similar move in Washington state, where the Justice Department sent a letter on Monday asking officials not to count ballots from 400 voters it claims are not citizens. Washington had five million registered voters as of 2024. In California, registered voters can self-declare their noncitizen status to be removed from rolls, often while seeking naturalization or claiming ineligibility for jury duty. President Donald Trump has repeatedly insisted that states must do more to stop noncitizens from voting.

The next step lies with the Ninth Circuit, where the Justice Department will seek an emergency order. The state will continue to count the ballots unless a higher court intervenes to pause the process.