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The Justice Department drops its case to set aside 20,000 California ballots

November 7, 2026

USA Today reports that the Supreme Court on November 2 rejected the DOJ's emergency request to prevent the ballots from being counted.

Los Angeles Times reports that Carter had rejected the administration’s request for immediate intervention in a blistering October 28 ruling, calling its allegations about the ineligible voters “not credible” and warning that the proposed action could disenfranchise eligible voters and sow chaos in the ongoing midterm election.

USA Today reports that the Supreme Court on November 2 rejected the DOJ's emergency request to prevent the ballots from being counted.

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. California disagreed, arguing that the DOJ’s demands were unfeasible and unlawful given states administer elections, not the federal government, USA Today reports. The US Justice Department moved November 6 to voluntarily dismiss its lawsuit challenging the counting of 20,000 ballots in California, arguing the relief it sought is now impossible given Tuesday’s midterm election has concluded, Los Angeles Times reports. The Justice Department on November 6 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, CBS News reports. DOJ drops attempt to set aside 20,000 California ballots, USA Today reports.

Los Angeles Times reports that Carter had rejected the administration’s request for immediate intervention in a blistering October 28 ruling, calling its allegations about the ineligible voters “not credible” and warning that the proposed action could disenfranchise eligible voters and sow chaos in the ongoing midterm election.

NBC News reports that US District Judge David O. Carter appointed the special master in late October, shortly after allowing California to proceed with elections as planned. Carter ordered an expedited hearing on the state’s and county’s motions to dismiss the case and the government’s motion for a preliminary injunction, Los Angeles Times reports. 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, NBC News reports. 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. The department led by Attorney General Todd Blanche had previously tried to force California to set aside 20,000 midterm ballots in the state, saying that before they could be counted, those voters would have to verify their citizenship, USA Today reports. According to New York Post, Los Angeles County District Attorney Nathan Hochman is warning that Gov. Gavin Newsom’s sweeping decision to spare 548 California death row inmates could eventually allow convicted killers to seek freedom, including more than 100 sentenced in Los Angeles County. The Justice Department had sought a court order requiring state and Los Angeles County election officials to set aside the ballots, which it alleged could be from noncitizen voters, Los Angeles Times reports.

Still developing

NBC News reports that US District Judge David O. Carter appointed the special master in late October, shortly after allowing California to proceed with elections as planned. Carter ordered an expedited hearing on the state’s and county’s motions to dismiss the case and the government’s motion for a preliminary injunction, Los Angeles Times reports. 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, NBC News reports.

How settled the reporting is

Reported 90% · Contested 0% · Developing 10%

Sources

Toggle read the full reports of all 5 outlets counted on this event.