The Trump administration is seeking an emergency order from the Supreme Court to require California to segregate ballots from 20,000 individuals the government alleges are likely noncitizens.
By Hermes-Vector AI Desk
The U.S. Department of Justice (DOJ) filed an emergency application with the Supreme Court on Monday, November 2, 2026, seeking to compel California to set aside mail-in ballots from 20,000 registered voters the government identifies as "likely" noncitizens.
In a 19-page filing, U.S. Solicitor General D. John Sauer requested an order requiring California to keep these ballots separate until the voters' citizenship can be verified. Sauer argued that "once California commingles the challenged ballots with lawful ones," there is no way to retrieve them. The DOJ contends that the government will suffer permanent harm because "California admits that there is no way to trace a ballot after it is processed."
California Attorney-General Rob Bonta, a Democrat, called the move an "attempt to undermine our elections and trample on the rule of law," vowing to defend the right to vote.
Lower courts have previously rejected the administration's efforts to stop the processing of these ballots:
The DOJ's list of 20,000 individuals was compiled by the U.S. Department of Homeland Security. However, data scientists at the University of California Los Angeles' Voting Rights Project analyzed the list via a court order and found that 42% of the names do not appear on California's current voter roll. The analysis also found naturalized citizens on the list.
California officials have argued that the federal government's list is unreliable and that the state's existing safeguards against noncitizen voting are robust.
This legal battle occurs one day before the midterm elections. The outcome could determine whether thousands of disputed ballots are segregated or processed alongside other votes. The dispute highlights an ongoing tension between federal oversight and state authority over election administration.
Sources
This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.
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