Federal Judge Rejects Justice Department Bid to Set Aside California Ballots

A federal judge on Wednesday denied an emergency request by the Justice Department to segregate thousands of mail-in ballots in California ahead of the midterm elections.

U.S. District Judge David Carter issued a 26-page ruling rejecting the Trump administration demand to set aside about 20,000 ballots belonging to individuals federal officials claimed were likely noncitizens.

The case is viewed by election law experts as a major test of federal authority over state-run voting procedures as both parties battle for control of Congress.

"Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch," wrote Carter, a Clinton appointee.

State and local officials in California argued that the federal list was unreliable and that setting aside ballots after voting had already begun would be unlawful and infeasible.

"Individuals who have met the requirements of California's voter registration laws must not be deprived of a core right merely because of unfounded allegations stemming from a procedure rife with uncertainty and errors," Carter said.

The judge warned that granting the request would create chaos, disrupt an ongoing election and risk disenfranchising eligible voters.

The Justice Department filed a notice of appeal shortly after the ruling was released, according to court records.

Federal prosecutors argued that votes by noncitizens dilute ballots cast by U.S. citizens.

Investigations and audits have repeatedly shown that noncitizen voting is extremely rare.

The Justice Department recently made similar demands in Washington state and filed an unusual lawsuit in Alaska regarding certification of a Senate race.

The matter could ultimately wind up before the U.S. Supreme Court as legal battles continue across multiple states.