Judge Considers Special Master for California Noncitizen Voter Claims

Judge Weighs Special Master for Disputed California Voter Rolls

Federal judge David O. Carter signaled on Tuesday that he is weighing the appointment of an independent special master to evaluate Trump administration claims that California has approximately 20,000 noncitizens registered to vote. Overseeing a lawsuit brought by the U.S. Department of Justice, Carter noted that making a ruling without an outside evaluation would be too rushed, though any findings could theoretically be completed prior to the state’s Dec. 11 certification deadline.

The Justice Department lawsuit, filed in mid-October, accuses California election officials of failing to review the federal government’s list of 20,000 flagged individuals within a 48-hour window. Voting in the midterm election has already been underway for weeks, and control of Congress hangs in the balance. While the Trump administration has made alleged noncitizen voting a central focus, available data indicates that such occurrences remain exceedingly rare.

Judge Carter Urges Criminal Indictments over Civil Lawsuits

During Tuesday’s hearing, Judge Carter expressed skepticism regarding the administration’s civil lawsuit strategy, suggesting prosecutors utilize criminal indictments instead. Pointing to a recent federal arrest of 28 individuals in California accused of illegal voter registration, Carter remarked from the bench, “You got a remedy for goodness sakes — go out and indict.”

Federal Judge Weighs Ballot Dispute Involving 20,000 Californians

“We want to stop the illegal voting. We don’t want to chase it later.” — First Assistant U.S. Attorney Bill Essayli

Arguing for the government, First Assistant U.S. Attorney Bill Essayli maintained that the Justice Department’s intervention aims to safeguard the ongoing election rather than void any ballots. Essayli told the court that the case depends entirely on the credibility of the compiled names, noting that testimony would explain how the list was generated. Meanwhile, lawyers representing California and Los Angeles County countered that the federal government failed to specify how or when it acquired the voter file, raising concerns that the data relies on a private, third-party service and could be inaccurate or outdated.

Before abruptly leaving the bench, Judge Carter also issued a stern warning that any threats made against state and county election employees must cease immediately.

Trump-Appointed Judge to DOJ: Your California Ballot Emergency Is "Self-Constructed" | 2026

Parallel Legal Battles Across Western States

The California action is part of a broader federal push. The Justice Department submitted a similar request in Washington state this week, asking officials to sequester ballots cast by hundreds of individuals suspected of not being U.S. citizens. In Alaska, a separate lawsuit filed last week seeks to delay vote certification if the Republican Senate incumbent fails to win. All three states feature high-stakes congressional contests that will shape the balance of power in Washington, D.C.

Judge Carter indicated he will not issue an official order regarding the special master until Wednesday. Uncertainty remains over how a significant number of flagged voters, should any be identified by a special master, would ultimately impact California’s election certification among its roughly 23 million registered voters.