The Trump administration has taken a major legal step by asking the US Supreme Court to temporarily stop California from counting mail-in ballots linked to more than 20,000 registered voters. Federal officials claim these individuals are likely non-US citizens. The Justice Department filed an emergency request on Monday, seeking to keep the disputed ballots separate until each person’s citizenship status can be fully verified.
This move comes right before the November 3 midterm elections. A federal appeals court already rejected the request on Friday. Republicans are working hard to keep control of Congress, and California remains a key Democratic stronghold with the largest number of House seats in the country.
The list of 20,000 names came from the Department of Homeland Security and was shared with California and Los Angeles County officials. The Justice Department first sued in federal court on October 15. Officials argue that California is blocking enforcement of a 1996 federal law that makes it a crime for noncitizens to vote in federal elections. They say this action violates the Supremacy Clause of the Constitution.
In their filing, the Justice Department warned that once illegal ballots are mixed with valid ones, the damage cannot be fixed. California has pushed back strongly. State officials say their safeguards against noncitizen voting are already strong. They argue the federal list is flawed and full of possible errors, and that blocking these ballots could unfairly take away voting rights from many eligible citizens.
US District Judge David Carter denied the administration’s request on October 28. He noted that the federal government has never before tried to force a state to change its election procedures so close to voting day. Carter also pointed out that similar lists in other states have wrongly flagged naturalized citizens as noncitizens. The 9th Circuit Court of Appeals agreed with the lower court, stressing California’s solid system for checking voter eligibility.
The administration has increased pressure on states over election rules, warning officials of possible criminal charges if noncitizens remain on voter rolls. Studies show illegal noncitizen voting is extremely rare. Still, this case highlights growing tension between federal power and state control over elections, with California’s 52 House seats making the outcome especially important.
