Federal Judge Considers Appointing Special Master in California Noncitizen Voter Case

A federal judge said Tuesday he is considering appointing a special master to evaluate claims made by the Trump administration that approximately 20,000 noncitizens are on California's voter rolls. U.S. District Judge David O. Carter made the remarks during a hearing for a lawsuit filed by the Justice Department, which aims to prevent California from counting ballots from individuals it alleges are ineligible to vote.

Carter indicated that an independent special master could assess the validity of both the government's and the state's claims. This process, he suggested, could be completed before the state's December 11 deadline to certify election results. It remains unclear what the implications would be if a significant number of noncitizen voters were identified or if the election certification would be affected. The 20,000 individuals on the Justice Department's list represent a small portion of California's 23 million registered voters.

Voting is already underway in California for the midterm elections. Allegations of noncitizen voting have been a focus for the Trump administration, despite data suggesting such occurrences are rare. The Justice Department sued California election officials in mid-October, alleging they failed to meet a deadline to review the list of potential noncitizen voters.

Similar actions have been taken in Washington state, where the Justice Department requested ballots from suspected noncitizens be sequestered. Separately, a lawsuit filed in Alaska seeks to delay vote certification if the Republican incumbent does not win his U.S. Senate race. Both California and Washington have competitive House and Senate races that could influence the balance of power in Congress.

While Carter expressed openness to appointing a special master, an official order was not expected until Wednesday. The judge voiced concerns about making substantial changes to election procedures while voting is ongoing. However, he also noted that a special master could investigate California's assertion that it is logistically unable to separate ballots from ineligible voters in time for the certification deadline, a claim contested by the federal government.

Carter questioned why the federal government was pursuing litigation rather than criminal prosecutions, referencing the recent arrest of 28 people in California accused of illegally registering to vote. First Assistant U.S. Attorney Bill Essayli argued that the government's interest lies in preventing illegal voting before it occurs. He stated that the Justice Department's demands would not significantly disrupt the election, as they are seeking to "safeguard" the process rather than void ballots.

California officials countered that once mail-in ballots are returned, they are separated from identifying information, making it impossible to isolate ballots from ineligible voters. Lawyers for California and Los Angeles County also raised questions about the accuracy and sourcing of the federal government's list, particularly its reliance on a third-party service for Social Security numbers. They stated that county registrars would cooperate with criminal prosecutions if noncitizens are found to have voted illegally.

Tuesday's hearing also focused on the reliability of the federal list. Los Angeles County officials reported finding that a small sample of individuals on the list were, in fact, citizens. An affidavit from a federal agent involved in compiling the list asserted that the county's findings were false, though it acknowledged the possibility of including some citizens' names in error.