The U.S. Department of Justice, under President Trump, has filed an emergency motion asking U.S. District Judge David O. Carter to require California election officials to set aside ballots it believes were cast by illegal immigrants. The request comes as the state prepares for the upcoming midterm elections.
State Pushes Back
California Attorney General Rob Bonta, a Democrat, filed a motion seeking dismissal of the DOJ’s lawsuit, calling the claim “meritless” and expressing confidence that the case will be thrown out. “We think it should be dismissed immediately,” Bonta said, adding that the state will continue to count all ballots that have been mailed and are being processed at the county vote centers.
Judge’s Prior Ruling
Judge Carter previously described the Justice Department’s demand for California’s voter list as “unprecedented and illegal,” noting that the federal government was overstepping its authority and infringing on the state’s constitutional right to administer elections. In that earlier decision, he dismissed the DOJ’s January lawsuit.
DOJ’s Emergency Request
First Assistant U.S. Attorney Bill Essayli explained the urgency of the request, saying California is already counting ballots and that every day the alleged illegal‑immigrant ballots remain unsequestered could affect the outcome. “We have provided a list of illegal immigrants we believe are on the rolls and ask that their ballots be separated,” Essayli said. He emphasized that the government is not seeking to cancel any votes, only to ensure that ballots from individuals on the list are reviewed through the court process.
Legal and Constitutional Stakes
The dispute highlights a clash between federal immigration enforcement and state election administration. The Trump administration argues that protecting the integrity of elections justifies the request, while California officials contend that the move violates the Constitution’s allocation of election authority to the states.
What’s Next
Judge Carter has scheduled a hearing for next week. If the court grants the DOJ’s emergency order, California will be required to separate the contested ballots while the broader case proceeds. Essayli noted that this is only the first court the department will approach.
Local Impact
California’s counties are already distributing and counting mail‑in ballots. Election workers and volunteers are preparing for a high‑turnout midterm, and any court‑ordered segregation could add logistical challenges. Local officials say they remain committed to counting every lawful vote while respecting the legal process.
Original reporting: Brookhaven News – ABC7 New York — read the source article.
