Judge blocks federal move to pause counting of 20,000 California ballots

U.S. District Judge David O. Carter issued a ruling on Wednesday that stops the Trump administration from forcing California to delay the counting of up to 20,000 ballots. The federal government sought to hold these votes until it could verify the immigration status of the voters. Carter rejected the request, stating the intervention would create major problems for an election already in progress.

More than 3.7 million people have cast ballots in California so far, with over 500,000 already counted. The Justice Department filed the lawsuit in mid-October, accusing state election officials of missing a 48-hour deadline to review a list of 20,000 individuals. The administration alleged these people were likely noncitizens registered on the state voter rolls.

In his written order, Carter warned that the federal demand would "wreak havoc and disrupt the election that is already underway." He noted the move would create a chilling effect on both election workers and voters. Carter also argued that discounting the votes of U.S. citizens based on unverified claims would violate the National Voting Rights Act. The law prohibits changes to voter rolls within 90 days of an election.

The judge argued that segregating ballots at this stage would force counties to create new sorting methods. This process carries the risk of disenfranchising an unknown number of voters. Carter described this as having the same effect as purging voters, a practice the law restricts during the final months before a vote.

Carter specifically rejected the Justice Department's claim that California was blocking federal enforcement efforts. He pointed to recent actions by federal prosecutors who arrested 28 noncitizens for illegal voting or registration. Carter stated that these arrests proved the government could enforce election law without interfering with the current count. He wrote that eroding trust in the democratic process is irreparable and that once a vote is segregated, lasting harm occurs.

First Assistant U.S. Attorney Bill Essayli argued on Tuesday that the request was necessary to safeguard the elections. He maintained that setting ballots aside does not stop them from being counted later. Essayli described the move as a way to preserve the status quo and prevent illegal ballots from entering the final tally. The appeals court had previously denied the federal government's request for a faster ruling before the district court hearing.

The Justice Department has expanded similar legal efforts in other states this week. A request in Washington state asks officials to sequester ballots from hundreds of suspected noncitizens. A separate lawsuit in Alaska seeks to delay vote certification if the Republican incumbent for U.S. Senate does not win. All three states have races that will influence the balance of power in Congress for the remainder of Trump's term.