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Home » DOJ drops bid to force California to set aside ballots from alleged noncitizens
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DOJ drops bid to force California to set aside ballots from alleged noncitizens

By November 7, 2026No Comments3 Mins Read
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DOJ drops bid to force California to set aside ballots
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DOJ Dismisses Lawsuit Over California Ballots Allegedly Linked to Noncitizens

Los Angeles — In a significant development, the U.S. Department of Justice (DOJ) has requested to withdraw its own lawsuit aimed at preventing California from counting approximately 20,000 ballots that were purportedly cast by noncitizens. This decision comes in the wake of the recent midterm elections and before a scheduled court hearing regarding the validity of those ballots.

Background on the Lawsuit

The lawsuit initiated by the DOJ was part of an ongoing effort by the Trump administration to exert influence over state-managed elections, allegations regarding illegal voting being central to this initiative. However, following substantial Republican losses in the midterms, the DOJ’s motion to dismiss noted that the circumstances have changed, making the original court action irrelevant.

Court Proceedings and Implications

The federal judge overseeing the case has criticized the DOJ’s request, emphasizing that the list of suspected noncitizen voters provided by the federal government is outdated and includes legitimate voters. In an order that underscored this sentiment, he denied the government’s previous requests, stating that attempting to separate these ballots at such a late stage would jeopardize the upcoming elections.

Processing of Ballots

As of the latest updates, California election officials have processed roughly 9 million ballots, with about 5 million remaining to be counted. According to the DOJ’s motion, the inability to isolate the contested ballots would result in their integration with valid votes by the time of the court hearing.

Statements from Federal Officials

Bill Essayli, the chief federal prosecutor for the Central District of California, highlighted that the lawsuit was effectively moot post-Election Day since isolating ballots belonging to noncitizens was unfeasible at that juncture. He previously stated, “We want to stop the illegal voting. We don’t want to chase it later,” emphasizing the need for preventive measures prior to the election.

Ongoing Investigations and Arrests

In recent weeks, California law enforcement has apprehended more than 30 individuals accused of unlawfully registering to vote as noncitizens, with some alleged to have participated in past elections. Subpoenas have also been issued to elections clerks across the state, prompting grand juries to convene in November. While the specifics regarding potential criminal charges remain unclear, such actions indicate ongoing scrutiny of voting practices in California.

Moving Forward

The DOJ’s motion to dismiss reflects a shift in priorities amid the complex landscape of voting rights and election integrity. As U.S. District Judge David O. Carter had previously indicated, mismanaging the ballot process could lead to widespread disenfranchisement. The special master’s role, appointed to evaluate electoral processes in California, is critical as the state navigates these challenges moving forward.

The United States Attorney’s Office declined to provide further comments on the dismissal request, referring inquiries to the DOJ in Washington, D.C.

Alleged Ballots Bid California DOJ Drops Force noncitizens Set
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