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The US Department of Justice moved to dismiss its own lawsuit that sought to stop California from counting roughly 20,000 ballots it alleged

November 6, 2026

NBC News reports that the US 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.

NBC News reports that California had processed roughly 9 million ballots as of early Friday, with nearly 5 million still left to be counted, according to state election officials. The United States Attorney’s Office for the Central District of California referred all questions to the Department of Justice in Washington, D.C., which did not respond to an emailed request for comment on Friday evening.

NBC News reports that the US 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. The US 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, AP News reports.

NBC News reports that California had processed roughly 9 million ballots as of early Friday, with nearly 5 million still left to be counted, according to state election officials. The United States Attorney’s Office for the Central District of California referred all questions to the Department of Justice in Washington, D.C., which did not respond to an emailed request for comment on Friday evening.

NBC News reports that the request to dismiss the case comes days after Republicans' significant losses in the midterm elections and about a week before a scheduled hearing where a special master was slated to evaluate the accuracy of the list. According to NBC News, California officials have previously said the list is out of date and includes legitimate voters — a sentiment that the federal judge presiding over the case echoed in his blistering order denying the federal government's request. NBC News reports that California prosecutors in recent weeks have arrested over 30 noncitizens who are accused of illegally registering to vote. NBC News reports that the administration is appealing that ruling but has yet to file a full brief at the 9th Circuit Court of Appeals.

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NBC News reports that the request to dismiss the case comes days after Republicans' significant losses in the midterm elections and about a week before a scheduled hearing where a special master was slated to evaluate the accuracy of the list. According to NBC News, California officials have previously said the list is out of date and includes legitimate voters — a sentiment that the federal judge presiding over the case echoed in his blistering order denying the federal government's request. NBC News reports that California prosecutors in recent weeks have arrested over 30 noncitizens who are accused of illegally registering to vote.

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Sources

Toggle read the full reports of 4 of the 6 outlets counted on this event. The other 2 are counted from their headlines and opening sentences.