A federal judge denied a Department of Justice (DOJ) request to require California election officials to set aside about 20,000 ballots allegedly cast by noncitizens, calling the attempt a threat to democracy and demanding that they stop. The federal government had asked for a temporary restraining order against California and Los Angeles County election officials to segregate ballots cast by potential noncitizens while litigation proceeds. "If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger," Judge David O.
District Court for the Central District of California wrote in the order Wednesday. "Eroded trust in our democracy is irreparable. Once a vote is segregated, lasting harm has occurred." Newsweek reached out to the DOJ via email outside of business hours.
The judge found the government had not demonstrated a likelihood of success on the merits of its claims and said the requested relief could "wreak havoc and disrupt the election that is already underway, create a chilling effect on election workers and voters alike, and discount the votes of United States citizens." He also noted that the DOJ has filed at least 31 federal lawsuits seeking to obtain complete voter rolls and has prevailed in none. In his ruling, Carter questioned whether the federal government had standing to pursue the requested relief and whether federal law provided a cause of action allowing the court to intervene in the manner sought by the DOJ. The court also concluded that federal criminal laws prohibiting noncitizens from voting do not clearly override California's election procedures.
According to the order, the government failed to establish that federal law preempts the state's ballot-counting processes or requires election officials to segregate ballots based on the government's voter list. Carter further found that the government's evidence identifying the voters as noncitizens was not sufficiently reliable. The order cited concerns about inaccuracies in citizenship databases and noted that similar efforts to identify noncitizen voters have previously produced substantial numbers of false positives.
The judge also warned that changing election procedures while voting is already underway could create confusion for election officials and risk disenfranchising lawful voters. A significant part of the ruling relied on what courts often call the "Purcell principle," derived from the Supreme Court's 2006 decision in Purcell v. That doctrine generally discourages federal courts from making last-minute changes to election rules close to an election because such changes can create voter confusion and administrative problems.
Federal courts have repeatedly invoked the principle in disputes involving ballot procedures, voter eligibility rules and election administration. Carter said the DOJ's proposed remedy would require election officials to alter established procedures during an active election period, a step the court was unwilling to take. The case comes amid a broader national debate over noncitizen voting and election integrity.
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