California ballots: judge warns segregating votes causes irreparable harm

A federal judge on Wednesday, October 28, 2026, rejected the Justice Department's emergency request to stop California from processing ballots belonging to roughly 20,000 people the Trump administration claims are likely noncitizens. U.S. District Judge David O. Carter wrote that the request would "wreak havoc and disrupt the election that is already underway, create a chilling effect on election workers and voters alike, and discount the votes of United States citizens."

The ruling came as more than 3.7 million Californians had already voted. Carter also wrote: "Eroded trust in our democracy is irreparable. Once a vote is segregated, lasting harm has occurred." He added that if the executive can discount votes and threaten an ongoing election based on unproven allegations, "then our democracy is in danger. This Court declines to be a party to such process."

The Justice Department immediately appealed to the Ninth Circuit Court of Appeals. The next day, DOJ issued federal grand jury subpoenas to local election officials across California as part of a criminal investigation into noncitizen voting claims.

The case tests whether the federal executive can override state election procedures mid-voting based on unverified allegations. The ruling preserves the status quo for now, but the appeal and criminal subpoenas signal the administration is pursuing multiple legal fronts. The outcome could affect how ballots are handled in future elections and whether federal agencies can compel local election officials to act on contested voter data.

He ruled that segregating their ballots would cause irreparable harm.