The U.S. Department of Justice on Friday moved to dismiss its own lawsuit that sought to stop California from counting roughly 20,000 ballots it alleged went to noncitizens until their immigration status could be verified, saying the state would have mixed the ballots with lawful ones by the upcoming hearing.
In a motion filed Friday, the department said that by the time of the upcoming hearing, California would have already irreparably “commingled the challenged ballots with lawful ones.” “The relief the United States sought and needed is no longer available—rendering voluntary dismissal necessary,” the motion said.
The lawsuit was filed in mid-October, after ballots had been sent to all of the state’s 23 million registered voters and after hundreds of thousands of ballots were already processed. Once a ballot is processed, it is completely anonymized.
Bill Essayli, the top federal prosecutor in Los Angeles, who argued that the lawsuit would be irrelevant after election day, said at the time the case was filed that his goal was to “safeguard the integrity of the election so it doesn’t have an effect on the upcoming election.” “We want to stop the illegal voting. We don’t want to chase it later,” he said outside court the week before the election.
California officials have previously said the list of alleged noncitizens is out of date and includes legitimate voters, a sentiment that U.S. District Judge David O. Carter echoed in his order denying the federal government’s request for relief. Carter, appointed by former President Bill Clinton, appointed a special master in late October to evaluate the accuracy of the list, warning that separating ballots at that late stage would risk disenfranchising citizens and “wreak havoc” on the midterm elections.
California prosecutors in recent weeks have arrested over 30 noncitizens who are accused of illegally registering to vote, some also accused of voting in previous elections. Elections clerks around the state were subpoenaed to testify before grand juries in November.
The Department of Justice remains involved in litigation with multiple immigrant and voting rights groups over its use of the list of suspected noncitizens. Another suit it filed in Alaska at President Donald Trump’s direction to block the victory of the Democrat in that state’s Senate race was swiftly dismissed; the administration is appealing but has yet to file a full brief at the 9th Circuit.
Analysis
Why This Matters
- The dropped lawsuit marks a setback for the Trump administration's push to assert federal control over state-run elections.
- It highlights the ongoing dispute over noncitizen voting, which Trump and his allies have claimed is widespread without providing evidence.
- The rapid commingling of ballots underscores the practical challenges of challenging voter eligibility after ballots are processed.
Background
The lawsuit was part of a broader effort by President Donald Trump's administration to investigate and prevent what it says is illegal voting. Trump has repeatedly claimed, without evidence, that noncitizens vote in large numbers. California officials have defended their voting systems and argued the list of alleged noncitizens is outdated and includes legitimate voters. The case was filed in mid-October, after ballots had already been sent to all registered voters.
Key Perspectives
US Department of Justice: Argued that the ballots had been irreparably commingled, making the requested relief no longer available and dismissal necessary.
Bill Essayli, top federal prosecutor in Los Angeles: Said the goal was to safeguard election integrity and stop illegal voting, not to pursue it after the election.
California officials: Say the list of alleged noncitizens is out of date and includes legitimate voters.
US District Judge David O. Carter: Warned that separating ballots at a late stage would risk disenfranchising citizens and wreak havoc on the midterm elections.
What to Watch
- Whether the Justice Department pursues other legal avenues to challenge the counting of disputed ballots or targets California's voter registration practices.
- The status of the special master appointment and whether the hearing scheduled for early November will proceed.
- The outcome of the Alaska case appeal at the 9th Circuit Court of Appeals.
- The criminal cases against over 30 arrested noncitizens accused of illegal registration or voting in California.
Checked
12 claims in this story checked against 1 source: 11 supported.
Show each claim
- SupportedThe motion says the state will have already “commingled the challenged ballots with lawful ones” by the upcoming hearing.LAist: “The motion to dismiss the lawsuit said that, by the time of the upcoming hearing, the state will have already irreparably “commingled the challenged ballots with lawful ones.””
- SupportedThe motion says the relief sought is no longer available and voluntary dismissal is necessary.LAist: ““The relief the United States sought and needed is no longer available—rendering voluntary dismissal necessary,” the motion said.”
- SupportedEssayli said his goal was to “safeguard the integrity of the election so it doesn’t have an effect on the upcoming election.”LAist: “Essayli said at the time the lawsuit was filed that his goal was to “safeguard the integrity of the election so it doesn’t have an effect on the upcoming election.””
- SupportedEssayli said, “We want to stop the illegal voting. We don’t want to chase it later.”LAist: ““We want to stop the illegal voting. We don’t want to chase it later,” he said outside of court the week before the election.”
- SupportedCarter warned that separating ballots late would “wreak havoc” on the midterm elections.LAist: “Carter, who was appointed by former President Bill Clinton, argued in his blistering order that separating ballots at that late stage would risk disenfranchising citizens and warned it would “wreak havoc” on the midterm elections.”
- SupportedThe Justice Department moved to drop its lawsuit seeking to force California to set aside disputed ballots.LAist: “US Justice Department drops bid to force California to set aside disputed ballots.”
- SupportedThe Justice Department says the ballots will be commingled by the hearing, making the requested relief unavailable.LAist: ““The relief the United States sought and needed is no longer available—rendering voluntary dismissal necessary,” the motion said.”
- SupportedThe lawsuit sought to stop California from counting roughly 20,000 ballots alleged to have gone to noncitizens until their immigration status could be verified.LAist: “The U.S. Department of Justice on Friday moved to dismiss its own lawsuit that sought to stop California from counting roughly 20,000 ballots it alleged went to noncitizens until their immigration status could be verified.”
- SupportedThe lawsuit was filed in mid-October.LAist: “The lawsuit was filed in mid-October, when ballots had been sent to all of the state’s 23 million registered voters, and after hundreds of thousands of ballots were already processed.”
- SupportedBy the time the lawsuit was filed, ballots had been sent to all 23 million registered voters.LAist: “The lawsuit was filed in mid-October, when ballots had been sent to all of the state’s 23 million registered voters, and after hundreds of thousands of ballots were already processed.”
- SupportedCalifornia prosecutors recently arrested over 30 noncitizens accused of illegally registering to vote.LAist: “California prosecutors in recent weeks have arrested over 30 noncitizens who are accused of illegally registering to vote.”
- Partly supportedElections clerks were subpoenaed to testify before grand juries in November.LAist: “Elections clerks around California in the week before the election were sent subpoenas to testify before grand juries slated to convene in November.”