Judge to Appoint Special Master in California Voting Case, Halting Trump Administration's Intervention

A federal judge announced Tuesday he intends to appoint a special master to investigate the Justice Department's process for identifying approximately 20,000 individuals allegedly deemed "likely" non-citizens on California's voter rolls. The decision marks a setback for the Trump administration's attempt to quickly intervene in the state's election procedures.

U.S. District Judge David O. Carter, overseeing the Justice Department's lawsuit against California, did not issue a ruling on the department's request for a temporary restraining order by the conclusion of the hearing. However, he indicated skepticism regarding the department's late-stage effort to force what he described as a "monumental change" in the state's election administration, particularly just a week before the state's election.

Judge Carter stated that he planned to issue a ruling governing the case's future proceedings by Wednesday. He also appeared to admonish the administration concerning recent letters sent to California officials, which suggested potential prosecution for involvement in tabulating ballots from the identified list. "This court believes it would be wise that any threats to state and county elected employees cease immediately," Carter said.

Bill Essayli, the Trump-appointed leader of the U.S. Attorney's Office in the Central District of California, argued during the hearing that the administration was seeking to ensure state compliance with federal law prohibiting non-citizens from voting. Conversely, state officials and other legal advocates opposing the lawsuit contended that the litigation infringed upon states' long-standing constitutional authority over their elections and could lead to chaotic consequences for vote tabulation.

Earlier in the week, a federal appeals court rejected a similar request from the Justice Department to order California to set aside the ballots in question, directing the matter back to the district court. The Justice Department had filed its lawsuit earlier in October, accusing California of failing to properly review its list of alleged non-citizens who had been sent mail-in ballots for the upcoming midterm election.

Court documents filed by Los Angeles officials indicated that a preliminary analysis of 200 names from the list revealed a "high percentage" of individuals who reported being born in the U.S., along with many others who had no voting history.