Judge Rejects DOJ Request to Sequester 20,000 California Ballots in Sovereignty Clash

A federal judge in California on Thursday rejected a U.S. Department of Justice request to force the state to sequester and refrain from counting approximately 20,000 ballots cast by alleged noncitizens. The ruling serves as a significant legal setback for the Trump administration’s efforts to intervene in state election tallies just days before the 2026 midterm elections.

In a sharply worded decision, U.S. District Judge David O. Carter described the federal request as an “unprecedented” attempt to coerce a sovereign state. Carter stated that granting the motion would “wreak havoc” on the election process and potentially disenfranchise legitimate voters whose citizenship status was being questioned without sufficient evidence.

The Justice Department immediately appealed the ruling to the Ninth U.S. Circuit Court of Appeals on Thursday morning, requesting an emergency decision by Friday. Attorney General Todd Blanche defended the administration’s position, alleging that California’s refusal to review the list of 20,000 names was “unacceptable” and undermined public confidence in the electoral system.

The dispute centers on federal lists identifying approximately 20,000 names as suspected noncitizens.

Federal Intervention vs. State Sovereignty

The dispute centers on a list of names the Department of Justice claims are “likely noncitizens” based on federal immigration data. California officials have resisted the federal mandate to set these ballots aside, arguing the data is unreliable and that the 48-hour deadline the DOJ attempted to impose on state officials was impossible to meet without violating state law.

The Trump administration’s move in California is part of a broader national strategy overseen by Attorney General Blanche and DHS Secretary Markwayne Mullin. The administration has issued more than 100 subpoenas across at least 13 states to obtain voter data and identify potential noncitizen registration. While the DOJ previously charged 28 foreign nationals in California with election crimes related to illegal registration, state officials contend that mass sequestration of ballots based on federal lists often includes naturalized U.S. citizens.

Similar federal requests have met with resistance elsewhere. In Washington state, a request to sequester ballots was recently rejected after local officials discovered the DOJ’s suspect list contained verified U.S. citizens. California officials used this precedent to bolster their argument that the federal data was too flawed to justify the sudden isolation of thousands of ballots.

Immediate Political and Legal Responses

The administration has argued that the sequestration is a necessary preventative measure to ensure that only eligible voters participate in the upcoming November 3 election.

Legal analysts suggest the Ninth Circuit’s decision will be pivotal, as a reversal of Judge Carter’s ruling could set a precedent for federal oversight of state-run voter rolls in the final hours of the election. For now, California remains authorized to process all cast ballots according to its standard verification procedures, maintaining that the responsibility for voter roll maintenance lies with the state rather than federal agencies.

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