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Judge to Rule on DOJ Bid to Set Aside California Ballots

Published 28 October 2026

U.S. District Judge David O. Carter said he would rule Wednesday on the Justice Department’s request to set aside ballots linked to about 20,000 California voters whom the administration suspects may be noncitizens. He announced the timetable after hearing arguments in Los Angeles on Tuesday and did not issue an immediate decision. The department is seeking an order requiring California and Los Angeles County to segregate the ballots while voters’ citizenship is checked. First Assistant U.S. Attorney Bill Essayli said the government wants the ballots held, not voided. State and county officials argue the requested process is legally and operationally unworkable and could affect eligible voters. Carter also warned that threats to state and county election employees should cease immediately. Essayli had raised the possibility that officials who knowingly process ballots cast by noncitizens could face prosecution. He denied threatening election officials, while California officials have characterized federal warnings about criminal penalties as intimidation. The reliability of the federal list is a central dispute. Essayli said government analysts cross-referenced a redacted...

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