A federal judge in Los Angeles heard arguments Tuesday over whether California may count ballots connected to about 20,000 voters whom the Justice Department has identified as possible noncitizens. The hearing came as mail voting was underway and one week before the Nov. 3 conclusion of the 2026 midterm election.
U.S. District Judge David O. Carter is considering the federal government’s request after the Trump administration sued California election officials in mid-October. The Justice Department alleges that state officials failed to meet a 48-hour deadline to review a list of names it said were likely noncitizens on the state’s voter rolls.
The dispute involves ballots in an election that will determine control of Congress for the rest of President Donald Trump’s term. Available data indicates that voting by noncitizens is exceedingly rare, while alleged noncitizen voting has become a focus of the president’s administration during the campaign.
The federal government’s request
First Assistant U.S. Attorney Bill Essayli said the Justice Department was not asking the court to invalidate ballots. He said the government wants California officials to work with federal authorities to safeguard the election and determine whether the voters on the list are U.S. citizens.
“We have not asked to void any ballots.”
Essayli said the government would present testimony about how the list of 20,000 names was assembled. He argued that California has an obligation to investigate the flagged voters before counting their ballots and told the judge that the case depends on the reliability of the names identified by the federal government.
California’s ballot-separation argument
California officials have argued that election procedures make the Justice Department’s request difficult to carry out. Once a mail ballot is returned, officials said, it is separated from information identifying the individual voter. That process is designed to protect ballot secrecy and would prevent the state from isolating ballots already submitted by people on the federal list.
- The Justice Department identified about 20,000 names it said may belong to noncitizens.
- The federal lawsuit was filed in mid-October over California’s review of the list.
- The hearing took place seven days before the Nov. 3 midterm election concludes.
The California case is part of a broader set of election-related legal disputes involving alleged noncitizen voting. The Justice Department made a similar request in Washington state this week involving hundreds of ballots. In Alaska, another lawsuit filed last week seeks to delay certification of the vote if the Republican incumbent does not win.
California, Washington and Alaska each have congressional contests that could affect the balance of power in the U.S. Capitol. The judge’s hearing focused on whether the federal government can require California to withhold or review the disputed ballots while the court considers the case.
