Judge Carter Closes DOJ Lawsuit Over California Noncitizen Ballots

Judge Carter Closes DOJ Lawsuit Over California Noncitizen Ballots

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On Tuesday, U.S. District Judge David Carter condemned a Justice Department lawsuit that sought to force California to set aside mail ballots from up to 20,000 alleged noncitizens, calling it an attempt to disrupt an ongoing election.

The one-paragraph order from Carter came in response to the Trump administration’s move to voluntarily dismiss the suit it filed against California officials and Dean Logan, the Los Angeles County registrar-recorder and county clerk, just weeks before the midterm elections.

Federal judge rejects DOJ's push to force California to set aside ballots — CBS LA

Judge Rejects Disruption

The Justice Department originally filed the lawsuit in mid-October after voting in California had already begun and after hundreds of thousands of mail ballots had returned to election offices. Federal lawyers alleged that more than 20,000 people registered to vote in the state were not U.S. citizens.

The agency sought a court order forcing election workers to separate mail ballots returned by those identified as suspected noncitizens. Carter, appointed by former President Bill Clinton, rejected the effort to require election workers to put aside those ballots and withhold them from counting until citizenship could be verified.

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“This lawsuit attempted to disrupt an ongoing election and create confusion and uncertainty for voters and election workers alike,” Carter wrote. “The right to vote is sacred. So, too, is trust in our democracy.”

Supreme Court Denials

After failing to secure relief from the U.S. Court of Appeals for the 9th Circuit and the Supreme Court before the November 3 midterm elections, the Justice Department notified Carter that it would dismiss the case.

“In light of the Supreme Court’s denial, the United States is evaluating how to best ensure that American votes are protected, including by preventing vote dilution by noncitizens,” a Justice Department lawyer wrote in a filing.

The administration said that by the time of the court’s next hearing, California would have already commingled the challenged ballots with lawful ones, leaving no way to segregate them and rendering voluntary dismissal necessary. Carter officially closed the case and canceled the scheduled Friday hearing.

More on California

Federal judge denies Trump administration's request to segregate 20,000 ballots in California — ABC7 News Bay Area

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