Federal Judge Blocks 20,000-Ballot Move Days Before Midterms
Judge David Carter ruled the Justice Department's emergency request to segregate votes for likely non-citizens would disrupt the ongoing election in California.
By Stella Brooks ·
A federal judge in California denied the Justice Department's emergency request to segregate approximately 20,000 ballots in the state.
Judge David Carter issued the ruling on Wednesday, rejecting the Trump administration's argument that these voters are likely non-citizens. The decision halts the federal government's attempt to intervene in the counting process just before the November midterm elections.
Carter described the move as a violation of constitutional principles that grant states control over their elections. He noted that the administration sought to coerce state and local governments into abandoning established procedures to align with executive will. The 26-page opinion stated that if the request were granted, either political party could create chaos for its own purposes during an election.
The judge warned that the order would wreak havoc on the election already underway. Carter emphasized that the relief sought would create a chilling effect on election workers and voters while discounting the votes of United States citizens. He argued that the executive branch cannot replace the remedy enacted by Congress with its own solution based on unproven allegations.
State election leaders had previously argued that making changes while voting is active would throw the November election into disarray. They contended that the federal push threatened the stability of the process as registration requirements were already met by the affected individuals.
In the order, Carter referenced historical clashes between those seeking to limit ballot access and those fighting to preserve it. He stated that the public interest favors protecting constitutional rights over acting on unfounded allegations stemming from procedures rife with uncertainty and errors. The judge concluded that once a vote is segregated, lasting harm occurs to the democratic process.
The federal government recently charged 28 people in California with election-related crimes. The denial of the temporary restraining order leaves the roughly 20,000 ballots eligible for counting in the upcoming election results.
