# Judge Rejects DOJ Request to Segregate 20,000 California Mail Ballots

> U.S. District Judge David Carter denied the Justice Department's bid to separate about 20,000 California mail ballots alleged to be from non-citizens, allowing the state to count them with all others.

- Publisher: Briefzora (https://briefzora.com)
- URL: https://briefzora.com/judge-rejects-doj-request-to-segregate-20000-california-mail-ballots
- Published: 2026-10-29T05:59:22+05:00
- Author: Briefzora Desk (https://briefzora.com/author/briefzora-desk)
- Section: PTA
- Image: https://briefzora.com/uploads/2026/10/dojs-california-ballot-fight-rejected-by-another-judge-t2yrrs.webp

## Key points

- U.S. District Judge David Carter denied the DOJ's request to separate 20,000 California mail ballots.
- Carter said the request breaches constitutional principles that give states control over elections.
- California said it cannot feasibly segregate ballots once processed and is not required to verify citizenship.
- The Justice Department attempted to go directly to the 9th Circuit Court of Appeals, which rejected the bid.
- Attorneys for California and Los Angeles County argued the administration did not disclose the source of its list.

## Why it matters

The decision keeps all California mail ballots, including the disputed 20,000, in the same count, affecting voters and the upcoming midterm elections.

## Article

U.S. District Judge David Carter on Wednesday denied the Justice Department's request to separate roughly 20,000 mail ballots in California that the Trump administration claims are likely cast by non-citizens.

Carter ruled the state may continue to process the contested ballots like any others, stating the request "violates longstanding constitutional principles mandating that states have control over their elections."

He warned that granting the last-minute relief could allow either side to create chaos for political ends, adding that "over 20,000 registered Californians would potentially lose the right that generations of Americans have fought to preserve."

California has questioned the accuracy of the administration's list and says it is not required to verify each voter's citizenship. The state noted it cannot feasibly separate a ballot once processed, and such a ballot would be counted even if later deemed fraudulent. With Election Day on Tuesday, hundreds of thousands of ballots have already been returned.

The Justice Department, seeking a faster outcome, attempted to bypass Carter and go directly to the U.S. Court of Appeals for the 9th Circuit. That appeals court declined the request after agreeing to hear the case over the weekend.

Carter, a Clinton appointee, became the latest judge to reject the effort, describing the administration's bid as something that would "wreak havoc." He added, "Eroded trust in our democracy is irreparable," and warned that once a vote is segregated, lasting harm occurs.

The Justice Department had sued California earlier this month, alleging the state was sending about 20,000 likely non-citizen ballots for the midterm elections. California's universal mail-in voting program sends ballots to all active voters.

California and Los Angeles County attorneys criticized the administration for not revealing the source of its list, arguing they are not obligated to prove citizenship merely because an administration raises concerns, especially given the tight timeline.

The Hill has reached out to the Justice Department for comment.

## Frequently asked questions

### What did Judge David Carter rule about the DOJ's ballot segregation request?

He refused to intervene, allowing California to count the questioned ballots with all others.

### Why does California say it cannot verify citizenship of the ballots?

The state says separating a ballot after processing is not feasible and it is not required to prove citizenship based on the administration's allegations.


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