A federal judge has rejected the Department of Justice’s (DOJ) request to have California election officials set aside approximately 20,000 ballots allegedly cast by noncitizens. Judge David O. Carter described the attempt as a threat to democracy, emphasizing that such actions could undermine public trust. The federal government sought a temporary restraining order against California and Los Angeles County election officials, aiming to segregate ballots during ongoing litigation.
“If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger,” Judge Carter stated in the court order. He warned that separating ballots could cause irreversible harm by eroding trust in the electoral process. Carter noted the absence of demonstrated success in prior DOJ lawsuits seeking access to complete voter rolls.
Why the Judge Rejected the Request
Judge Carter questioned the federal government’s standing and the legal basis for its intervention. He ruled that federal criminal laws do not explicitly override California’s election procedures. The court highlighted that the government didn’t prove that federal law required segregation of ballots based on the voter list. Carter further criticized the reliability of evidence identifying noncitizen voters, pointing out past inaccuracies and false positives in citizenship databases.
The judge underscored the potential confusion and disenfranchisement of lawful voters if election procedures were altered mid-process. He relied significantly on the “Purcell principle,” which advises against last-minute changes to election rules to prevent voter confusion and administrative issues.
Broader Dispute Over Noncitizen Voting
This case is part of a larger national debate on noncitizen voting and election integrity. While federal law prohibits noncitizens from voting in federal elections, identifying them accurately remains a challenge. Judge Carter noted existing criminal enforcement mechanisms for unlawful voting without requiring ballot segregation.
The ruling allows California officials to continue counting votes as per state procedures while the lawsuit continues.
Why the DOJ Is Suing
The DOJ provided California officials with a list of over 20,000 names earlier, allowing them a mere 48 hours for review. After California declined to meet the DOJ’s demands, the department sued state Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan.
The lawsuit claims the U.S. Citizenship and Immigration Services (USCIS) compares voter roll information with its data to identify potential noncitizens. “High-confidence” matches indicate a strong link between voter and USCIS records, though DOJ spokespersons caution that manual verification doesn’t confirm noncitizen status.
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