Judge blocks Trump administration from removing 20,000 California ballots

A federal judge in Washington, D.C., ordered the Trump administration to stop requiring California election officials to separate 20,000 ballots. The decision, issued by Chief Judge James Boasberg on Monday, halts the Justice Department's demand to hold aside votes from individuals on a list of potential noncitizens. This ruling occurs one day before voters in California cast their ballots for the midterm elections.

The dispute began when the Department of Justice identified approximately 20,000 voters on a list of people who might not be U.S. citizens. The administration argued that these ballots should be set aside until their status could be verified. California officials rejected the list as highly unreliable, stating it contains many errors and likely includes numerous citizens. They warned that separating the ballots now would be logistically impossible because millions of votes have already been cast and processed since early October.

The legal battle moved quickly through the courts in California. A district judge denied the Justice Department's request to force the state to segregate the votes. Judge David O. Carter, who was nominated by President Bill Clinton, warned that the action could disenfranchise citizens and erode public trust. He noted that if the executive branch could discount votes based on unproven allegations, the democracy would be in danger.

A divided three-judge panel at the appellate court upheld the lower court's decision. Two judges voted to keep the ballots in the count, while a third judge dissented, arguing that California's refusal to separate the votes encouraged a violation of federal law. The administration then appealed directly to the U.S. Supreme Court on Monday, seeking an emergency injunction to keep the case alive while the election is decided.

Solicitor General D. John Sauer wrote to the high court that once California mixes the challenged ballots with lawful ones, there is no way to retrieve them. He requested a limited injunction to direct the state to set the votes aside. The administration has prioritized identifying noncitizen voters this year, despite their rarity in the electorate. This push has been part of a broader effort to scrutinize election procedures during the current administration's second term.

California Attorney General Rob Bonta, a Democrat, criticized the appeal as an attempt to undermine the election. He stated that the move reeks of desperation and tramples on the rule of law. Voting in the state has been underway since early October, with all roughly 23 million registered voters receiving a mailed ballot. Officials have already processed hundreds of thousands of these ballots.

The Supreme Court previously rejected a similar push by the president to restrict mail ballots ahead of the midterms. The administration has had other emergency appeals granted in the second term, but this case faces strong opposition from lower courts. The Supreme Court has not yet ruled on whether to take up the emergency appeal. The decision will determine if the 20,000 ballots remain in the count or are set aside for later verification.

Judge Boasberg ruled that the administration's demands violate the U.S. Constitution. He wrote that the executive branch has likely violated the Elections Clause, which gives authority over election rules to the states and Congress alone. The ruling adds to the legal pressure on the Justice Department as it seeks to manage the election process. The next step depends on whether the Supreme Court grants the emergency appeal before the votes are counted.