A federal judge in Los Angeles heard arguments on October 27 regarding the Justice Department’s request to block California from counting mail-in ballots cast by over 20,000 registered voters whom the Trump administration alleges may be noncitizens. The request, filed on October 15, represents a rare direct federal intervention in the voting process weeks before the November 3 midterm elections, in the context of closely contested races with Republicans aiming to maintain control of both chambers of Congress.
The lawsuit centers on California’s mail ballots from individuals flagged through federal database methods as potentially ineligible to vote due to citizenship status. The Justice Department has asked U.S. District Judge David Carter to issue a temporary restraining order preventing election officials from counting these ballots as they prepare to certify results.
California officials have pushed back against the allegations, asserting that the state’s voter verification system is robust and that the government’s methodology for identifying possible noncitizen voters is unclear and unreliable. Anne Bellows, representing California, argued that adhering to the Justice Department’s request could disenfranchise thousands of lawful voters at a critical time. She emphasized that courts have historically avoided intervening in election procedures close to voting days, especially while ballots are being counted.
The Justice Department countered these claims, stating their request is narrowly tailored to protect election integrity. Department attorney Bilal Essayli urged the judge for a prompt ruling, with Judge Carter indicating he would deliver a decision on October 28.
California, home to 23 million registered voters and a stronghold for Democrats, carries significant weight in House representation with 52 seats. The state has been a focal point in President Donald Trump’s broader campaign to tighten federal oversight of elections and immigration enforcement, particularly targeting states he labels as “sanctuary states” for limiting cooperation with immigration authorities.
Trump and his administration have repeatedly claimed, without evidence broadly supported by studies and audits, that noncitizen voting is widespread and that states are not sufficiently preventing it. This legal action follows the rejection on October 26 by a federal appeals court of an emergency Justice Department request seeking to block California from counting the ballots pending a ruling by Judge Carter.
Similar interventions are underway in other states with competitive midterm races. In Alaska, the Justice Department asked a judge to prevent certification of election results if a Republican senator loses by a narrow margin, citing concerns about another candidate with a similar name potentially confusing voters. Alaska officials have asked for that case’s dismissal. In Washington state, officials received a Justice Department request on October 26 to exclude ballots from 400 flagged voters, a move criticized by state elections officials as an attempt to cast unwarranted doubt on election outcomes.
Advocates and election experts have expressed concern that the federal government’s approach to scrutinizing voter rolls risks incorrectly identifying naturalized citizens as noncitizens, potentially leading to voter suppression.
As the midterms approach, these legal challenges underscore ongoing tensions between federal authorities and states over the regulation and administration of elections in the United States.