California Fights DOJ Bid to Set Aside 20,000 Ballots

Attorney General Rob Bonta says a federal suit over alleged noncitizen voters "borders on the absurd," as the Justice Department takes the fight to an appeals court before a judge has ruled.

By Richthrax · Oct. 25, 2026

California is fighting a Justice Department lawsuit that seeks to force the state to set aside up to 20,000 mail ballots federal officials say may have been sent to noncitizens.

In a filing Tuesday, Oct. 20, in federal court in Los Angeles, Attorney General Rob Bonta said the suit "borders on the absurd," CalMatters reported. He called it "a reckless political stunt" at best and said that at worst it "threatens to disenfranchise thousands of Californians."

Federal prosecutors filed suit Oct. 15 and asked for a temporary restraining order and preliminary injunction requiring the state to segregate ballots linked to people on the list while their eligibility is reviewed, according to CalMatters and Fox News.

The federal case

Acting Deputy U.S. Attorney General Trent McCotter said the 20,000 names were enough "to fill a small stadium," CalMatters reported. He acknowledged the list could be overcounted but called it "just the floor."

First Assistant U.S. Attorney Bill Essayli said the figure is "at a minimum of 20,000. That's the floor," Fox News reported. A department filing said processing the ballots without segregating them causes "untraceable disenfranchisement and dilution of the votes" of citizens. "Under federal law, only citizens may vote in federal elections," Essayli wrote, according to Blaze News.

Federal prosecutors charged 28 green card holders Oct. 19 with voting or registering to vote illegally, CalMatters reported. Prosecutors allege 22 of them voted in at least one election.

The state's response

Bonta said the 28 arrests represent about .0001% of California's 23 million registered voters, according to CalMatters. He said the Department of Homeland Security has not provided evidence for its claims.

Los Angeles County officials told the court that in a preliminary review of 200 names, nearly 40% "indicate that they were born in the United States," and 71.2% of records showed no voting history, ABC News reported.

The state and Los Angeles County Registrar Dean Logan have moved to dismiss the case, arguing the federal government lacks standing and that the criminal statute it cites does not authorize civil injunctions, JURIST reported. Logan said his office cannot refuse to count ballots "based solely on unverified allegations." California officials also said ballots already processed cannot be separated because a ballot is detached from its identifying envelope after signature verification, Fox News reported. Court records show 331,000 ballots processed in Los Angeles County alone.

Gov. Gavin Newsom called the effort a "sad, desperate attempt" to suppress voters, Blaze News reported.

Appeal before a ruling

U.S. District Judge David O. Carter has not ruled on the request and has set a hearing for Tuesday, Oct. 27, JURIST reported. After Carter missed a noon Thursday deadline the department had requested, it filed a notice of appeal with the 9th U.S. Circuit Court of Appeals, arguing his silence amounted to a "constructive denial," Democracy Docket reported.

The 9th Circuit ordered California to respond by noon Saturday, Fox News reported, and a three-judge panel set arguments for 1 p.m. Pacific time Sunday, according to ABC News.

During Sunday's arguments, Judges Bennett and Sanchez of the panel indicated the court lacked jurisdiction and that the matter should await Carter's Tuesday hearing, UCLA law professor Rick Hasen reported on his Election Law Blog. No ruling had been reported as of Sunday afternoon.