DOJ Drops Election Lawsuit Against California Over Ballot Dispute
The DOJ formally dismissed its election lawsuit against California over noncitizen ballots.
Why it matters: This ends a high-profile legal battle over state election procedures and federal oversight. Election lawyers will note the limits on federal intervention in state-managed elections.
- DOJ filed suit on Oct 15, 2026, alleging over 20,000 likely noncitizens registered to vote in California.
- District Judge denied DOJ request to separate ballots on Oct 28, citing risk of disenfranchisement.
- 9th Circuit and Supreme Court refused DOJ's appeals, with SCOTUS declining to hear the case on Nov 2.
- DOJ moved to voluntarily dismiss the suit on Nov 6, stating requested relief was no longer feasible.
On October 15, 2026, the U.S. Department of Justice filed a lawsuit against California, alleging that more than 20,000 likely noncitizens were registered to vote in the state, seeking to prevent their ballots from being counted until citizenship verification [DOJ].
However, U.S. District Judge David O. Carter denied the DOJ's request on October 28, pointing to the risk of disenfranchising legitimate voters and disrupting the election process [LA Times]. The 9th Circuit Court of Appeals upheld this denial on October 30, highlighting concerns about harming the public interest and voter disenfranchisement [CBS News].
When the DOJ sought emergency intervention from the U.S. Supreme Court, the petition was declined on November 2, effectively ending the DOJ's legal avenues [Axios].
Following these decisions, the DOJ filed a motion to voluntarily dismiss the lawsuit on November 6, acknowledging that the requested relief was unattainable since the ballots had already been processed and anonymized [LA Times]. Attorney General Todd Blanche had emphasized the importance of preventing "state-facilitated voter fraud," but federal courts balanced those concerns against protecting voter rights and election integrity.
This lawsuit illustrated tensions between federal oversight ambitions under the Trump administration and California's authority to manage elections amid allegations of noncitizen voting. With the case's dismissal, the DOJ concedes that enforcing such ballot verifications post-election is impractical, setting a precedent for limits on federal interference in state election administration.
By the numbers:
- 20,000+ likely noncitizens alleged on voter rolls — DOJ lawsuit against California
- 23 million registered California voters — to contextualize scope
- November 2, 2026 — Supreme Court declined to hear DOJ emergency request