Judge rejects DOJ request to stop California from counting ballots from alleged noncitizen voters

The Justice Department immediately appealed the ruling to the Ninth Circuit Court of Appeals.

Published: October 29, 2026 9:18am

A federal judge rejected the Justice Department's request for a temporary restraining order that would have stopped California from counting more than 20,000 ballots it says are from noncitizen voters.

In a ruling late Wednesday, U.S. District Judge David Carter, an appointee of former President Bill Clinton, wrote that the government's request "would wreak havoc and disrupt the election." 

With the election underway, Carter wrote, it would create a "chilling effect" that might lead election workers to discount votes from citizens, Fox News reported. 

The Justice Department immediately appealed the ruling to the Ninth Circuit Court of Appeals.

"The district court denied our emergency request to sequester ballots from 20,000 suspected noncitizens. Every day, more ballots are processed by election officials. This ongoing emergency disenfranchises American citizens through dilution," U.S. Attorney Bill Essayli said in a post on X announcing the appeal. 

 

 

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