Judge David Carter of the Central District of California rejected the Department of Justice’s emergency motion seeking to require California and Los Angeles County election officials to sequester certain ballots as election officials continued processing returns.

The disputed ballots were returned by people appearing on a list of 20,000 individuals whom the federal government had determined were “likely noncitizens.” The emergency request sought to keep those ballots separate while the legal fight continued.

Carter delivered his decision in a scathing 26-page order. He compared the federal effort to prevent illegal aliens from voting with past efforts to stop black Americans and women from voting.

️BREAKING: Judge David Carter denies DOJ's emergency motion in a scathing 26-pg order, likening the federal government's efforts to ensure that illegal aliens don't vote to disenfranchisement suffered by blacks before the Voting Rights Act, and denial of rights to women

This will be appealed back to the 9th Circuit — Jennifer Van Laar (@jenvanlaar) October 29, 2026

The judge also invoked Jim Crow-era restrictions, including “poll taxes, literary tests, and other obstacles to prevent people from casting their vote.” His order framed the federal request as a sweeping intrusion into California’s authority over its election procedures.

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“Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch. In bringing this lawsuit, the Executive would have this Court believe that it reigns as a sole sovereign. But California and its people are sovereign, too.”

Carter then cast the dispute as part of a broader historical clash over ballot access. His order said the federal government was attempting to segregate and exclude more than 20,000 ballots shortly before an election.

“Every generation in our history has witnessed repeated clashes between those who seek to limit access to the ballot and those who fight to ensure it. In this case, the federal government seeks to segregate and exclude over 20,000 ballots. This request violates longstanding constitutional principles mandating that states have control over their elections.”

Carter also warned that granting the requested relief could allow either political party to disrupt the election process for political purposes. He said more than 20,000 registered Californians could potentially lose their voting rights if the court granted the request.

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“If Plaintiff’s last-minute request for relief were granted, either party could create chaos for their own political purposes to disrupt the election process. Over 20,000 registered Californians would potentially lose the right that generations of Americans have fought to preserve.”

The ruling’s dramatic language collided with a basic point raised in response: Every California county already segregates ballots challenged for multiple reasons, including citizenship. The fight concerned whether ballots tied to the federal government’s list should also be sequestered.

The ruling suggests Carter wanted challenges involving the listed individuals handled separately rather than through the broad emergency relief requested by federal officials. That approach left the Department of Justice without the immediate order it sought as ballots continued to be processed.

A statement attributed to the First Assistant U.S. Attorney made clear that the federal government was not dropping the matter. The statement said the ruling would be appealed immediately and that emergency relief would be sought from the Ninth Circuit.

“The district court denied our emergency request to sequester ballots from 20,000 suspected noncitizens. Every day, more ballots are processed by election officials. This ongoing emergency disenfranchises American citizens through dilution. The Solicitor General authorized an immediate appeal. We filed our Notice of Appeal and will immediately seek an emergency order from the Ninth Circuit. ”

Federal officials therefore moved quickly from Carter’s courtroom to the appellate process. Their statement described the continued processing of ballots as an ongoing emergency that dilutes the votes of American citizens.

The ruling leaves the challenged ballots at the center of a fast-moving election dispute involving federal officials, California, and Los Angeles County. Carter’s order rejected the emergency sequestration request while emphasizing state sovereignty and the potential consequences for registered Californians.

Republicans continue pressing election integrity measures, including requirements for proper identification to vote. Democrats, meanwhile, continue attacking such measures despite the straightforward argument that election rules should protect lawful voters and preserve confidence in the process.

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