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Courts block bid to exclude 20,000 California ballots

Published 2 November 2026

The Justice Department’s effort to stop California from counting ballots cast by about 20,000 voters identified as likely noncitizens has been blocked by federal courts, as the administration’s voter lists draw scrutiny ahead of the November 3 midterm elections. A federal judge rejected the department’s request on October 28, and an appeals court upheld the decision on October 30. The appellate ruling cited a material risk that eligible voters could be disenfranchised. The Justice Department has said it may appeal to the U.S. Supreme Court, but no further ruling is reported. The department’s October 13 letter to California officials demanded that ballots from the identified voters not be counted until their citizenship was verified and warned election workers they could face prosecution. California officials rejected the request and said the state has safeguards against noncitizen voting. The lists have not been made public. As of October 30, the Justice Department had sent letters identifying suspected noncitizens on voter rolls in California, Washington, New Jersey, Pennsylvania and Nevada, according to a department document. An internal Department of Homeland Security email...

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