From the Thursday, October 29, 2026 edition · story 2
Judge refuses Justice Department request to set aside about 20,000 California mail ballots
Who covered it
Out of the fifteen outlets on our panel. Sides come from AllSides and Ad Fontes Media ratings: how we rate outlets.
What happened
On Wednesday, October 28, 2026, U.S. District Judge David O. Carter in Los Angeles refused the Justice Department's request to make California set aside the mail ballots of about 20,000 registered voters, and not count them, until each voter's citizenship could be checked. The department says the voters are likely noncitizens, based on federal records: First Assistant U.S. Attorney Bill Essayli wrote that voter rolls "were compared to USCIS immigration, Social Security, and passport records."
California and Los Angeles County officials say the list is unreliable. A county review of 200 records found that many registrations had been canceled and that more than a quarter listed a U.S. birthplace. A federal immigration official told the court that, by its records, none of the people in that sample it matched were born in the U.S.
Carter wrote that setting the ballots aside "would wreak havoc and disrupt the election that is already underway," that states control how they run elections, and that the department could instead prosecute anyone who votes illegally. The department filed an appeal that evening and said it would seek an emergency order from the Ninth Circuit Court of Appeals, a panel of which had dismissed the department's earlier appeal 2–1 on October 26. The ruling denies emergency relief only; the lawsuit continues. Election Day is November 3.
The headlines in the video
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Left · CNN
Federal judge warns Trump administration's bid to set aside 20,000 California mail ballots would 'wreak havoc'
October 29, 2026 · Read the original
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Center · Reuters
Judge says Trump bid to set aside California ballots would 'wreak havoc' on democracy
October 29, 2026 · Read the original
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Right · New York Post
Feds launch immediate appeal after judge rejects bid to stop California from counting 20K disputed ballots
October 29, 2026 · Read the original
Every panel outlet
Each headline as the outlet published it, with a link to the original.
Left · 5 of 5
- CNN In the videoFederal judge warns Trump administration's bid to set aside 20,000 California mail ballots would 'wreak havoc'Oct 29
- The New York TimesJudge Rejects Trump Officials' Bid to Set Aside California BallotsOct 29
- The Washington PostJudge rejects Justice Department bid to set aside California ballotsOct 29
- HuffPostFederal Judge Rules Against Trump Admin In Dispute With California Over Alleged Noncitizen BallotsOct 29
- MS NOWJudge denies DOJ demand that California set aside mail ballots from more than 20,000 'likely noncitizens'Oct 29
Center · 4 of 5
- Reuters In the videoJudge says Trump bid to set aside California ballots would 'wreak havoc' on democracyOct 29
- The HillDOJ's California ballot fight rejected by another judgeOct 29
- BBC NewsNo story found by Oct 29.
- NewsweekJudge Denies DOJ Request to Halt Counting of California BallotsOct 29
- BloombergTrump's DOJ Again Loses Bid to Block 20,000 California BallotsOct 29
Right · 5 of 5
- Fox NewsJudge rejects DOJ request to block California from immediately counting ballots linked to alleged noncitizensOct 29
- New York Post In the videoFeds launch immediate appeal after judge rejects bid to stop California from counting 20K disputed ballotsOct 29
- Washington ExaminerJudge denies DOJ effort to isolate 20,000 California mail ballotsOct 29
- The Washington TimesJudge says California can count ballots of 20,000 suspected noncitizensOct 29
- BreitbartJudge denies federal request to segregate California ballots, says it would 'wreak havoc' on votingOct 29
The full report
The background and timeline, what each side says in full, and what happens next.
- Summary
- What happened
- How voter lists are checked against federal records
- How we got here
- What each side says
- What happens next
- How it was covered
- Sources
- Corrections
Sources
- U.S. District Court, Central District of California (copy posted by Election Law Blog), Order Denying Temporary Restraining Order [62], United States v. California, No. 2:26-cv-12025-DOC-ADS, October 28, 2026.
- CNN, Federal judge warns Trump administration’s bid to set aside 20,000 California mail ballots would ‘wreak havoc’, October 28, 2026.
- CNN, Inside the Trump administration’s controversial lists of alleged noncitizen voters, October 28, 2026.
- Fox News, Judge rejects DOJ request to block California from immediately counting ballots linked to alleged noncitizens, October 29, 2026.
- New York Post, Feds launch immediate appeal after judge rejects bid to stop California from counting 20K disputed ballots, October 28, 2026.
- CBS News, Judge rejects Trump administration's push to force California to set aside thousands of mail ballots, October 28, 2026.
- CBS News, Appeals court dismisses DOJ's request to force California to set aside ballots, October 26, 2026.
- NBC News, Judge declines to block California from counting alleged noncitizen voters’ ballots in DOJ lawsuit, October 28, 2026.
- NPR, Judge denies the Justice Department's bid to stop processing California ballots, October 28, 2026.
- Associated Press (via News4JAX), Trump administration sues California to block state from counting alleged noncitizen mail-in ballots, October 15, 2026.
- NPR, The Supreme Court revives a controversial data system for citizenship checks, September 25, 2026.
- The Texas Tribune, A federal tool to check voter citizenship keeps making mistakes. It led to confusion in Texas., February 13, 2026.
Corrections
None as of October 29, 2026.