A federal judge has denied the Justice Department's request for a temporary restraining order that would have prevented California from immediately counting mail ballots linked to an estimated 20,000 alleged noncitizen voters. U.S. District Judge David Carter issued the ruling late Wednesday, stating that the government's request would disrupt an election already in progress and could have a chilling effect on election workers and voters.
The Justice Department immediately appealed the decision to the Ninth Circuit Court of Appeals, arguing that the ongoing counting of these ballots could dilute the votes of U.S. citizens. U.S. Attorney Bill Essayli stated, "Every day, more ballots are processed by election officials. This ongoing emergency disenfranchises American citizens through dilution."
Carter, appointed by former President Bill Clinton, wrote that "Eroded trust in our democracy is irreparable" and that the court should not be a party to a process that could discount votes based on unproven allegations. He also noted that states have control over their elections.
California officials contend that the Justice Department's assertions are based on "suspect data." The state mails ballots to all 23 million of its registered voters. As of the ruling, over 3.7 million people had already voted, with more than 500,000 ballots processed to the point where they could not be easily separated by individual voter.
According to Essayli, the voter rolls were compared to USCIS immigration, Social Security, and passport records to identify potential noncitizens. He maintained that the action was an enforcement of existing laws, not a rule change mid-election.
The Justice Department has also reportedly sent a letter to Washington state officials asking them not to count ballots from approximately 400 voters it claims are not citizens. This action follows a broader trend of federal scrutiny over election integrity in states with close races.