“The federal government has never before in American history sought to coerce a state to abandon its own constitutional election procedures on the eve of an election.” — U.S. District Judge David Carter. Our verdict: Partly True.
U.S. District Judge David Carter made the statement in a written ruling on 28 October 2026, in a case about the Trump administration's attempt to force California to set aside mail ballots.
Our verdict
Partly True
Judge David Carter did say the federal government was trying to force California to abandon its own election procedures, and court records show such a lawsuit was filed. But the sweeping part of his claim — that this has never happened before in American history — cannot be confirmed or refuted with the evidence available.
What we found
We rated this claim partly true. Two parts of it hold up. First, the federal government did file a lawsuit seeking to force California and Los Angeles County to set aside vote-by-mail ballots and verify citizenship before counting them, according to a Ninth Circuit filing. Second, Judge Carter did make the quoted statement, as shown in his written order denying a temporary restraining order and confirmed by CBS News and Democracy Docket. The difficult part is the historical claim. Judge Carter said the federal government has "never before in American history" tried to coerce a state this way on the eve of an election. We could not find enough evidence to confirm or deny that. The records we hold describe other federal interventions in state elections — a 2020 court ruling on Wisconsin's absentee ballot deadline, and the Voting Rights Act of 1965 — but none of them clearly matches the specific situation Judge Carter describes: federal pressure on a state to drop its own election rules just before voting. A claim this broad would need a full historical review, which is beyond what we could do here.
The evidence
2 contradict and 1 support the claim, of 6 sources.
- Background
Judge Carter's order denying a temporary restraining order contains the statement that the federal government's actions were an unprecedented attempt to coerce a state to abandon its constitutional election procedures. [1]
- Background
A CBS News report confirms Judge Carter made the statement in a written decision about the Trump administration's lawsuit against California. [2]
- Background
Democracy Docket corroborates that Judge Carter used this specific language in his ruling. [3]
- Supports the claim
A Ninth Circuit filing shows the federal government sued to force California and Los Angeles County to set aside vote-by-mail ballots and verify citizenship before counting — an attempt to change the state's normal election procedures. [4]
- Contradicts the claim
A 2020 Supreme Court record shows a federal district court changed Wisconsin's absentee ballot deadline shortly before that year's election, though the change was later stayed. This is a federal intervention in state election rules, but it does not clearly match the claim of federal coercion on the eve of an election. [5]
- Contradicts the claim
The Voting Rights Act of 1965 shows the federal government has historically intervened in state election procedures through preclearance requirements, but it does not establish a prior case of the specific kind of coercion described. [6]
What we could not confirm
- Whether the federal government has ever before in American history sought to coerce a state to abandon its own constitutional election procedures on the eve of an election. The records we reviewed do not provide an exhaustive history of federal election interventions, so we could not confirm or refute this part of the claim.
How we checked
We looked at the court order itself, the Ninth Circuit filing in the case, and news reports from CBS News and Democracy Docket. We also reviewed historical records on federal involvement in state elections, including a 2020 Supreme Court filing on Wisconsin's absentee ballot deadline and material on the Voting Rights Act of 1965. We reviewed 8 relevant sources.
Sources
- [1]oag.ca.gov (United States District Court, Central District of California) · Order Denying Temporary Restraining Order [62] · October 28, 2026
- [2]www.cbsnews.com · Judge rejects Trump administration's push to force California to set aside thousands of mail ballots
- [3]democracydocket.com · Judge rejects DOJ demand that California set aside 20,000 ballots
- [4]cdn.ca9.uscourts.gov (United States Court of Appeals for the Ninth Circuit) · United States of America v. State of California · October 26, 2026
- [5]supremecourt.gov · SUPREME COURT OF THE UNITED STATES · October 26, 2020
- [6]archives.gov · Congress and the Voting Rights Act of 1965
Have evidence we missed?
If you know of a source that confirms or contradicts this claim, send us the link. We review every submission and update fact checks when new evidence changes the picture.
Measured Take updates fact checks when new evidence emerges. Corrections are noted on the page.
All fact checks