The Justice Department filed a motion Friday to dismiss its own lawsuit that sought to prevent California from counting approximately 20,000 ballots alleged to have been cast by noncitizens. The move comes days after the Republican Party suffered significant losses in the midterm elections and follows a Supreme Court decision earlier in the week that rejected an emergency appeal from the federal government. The lawsuit, filed in mid-October, aimed to verify the immigration status of the voters before their ballots were counted, but state election officials and federal judges argued that the procedural window for such separation had closed.
The case represented a central component of the Trump administration's broader effort to assert federal oversight over state-run elections, a priority for President Trump who has frequently asserted that illegal voting affects election outcomes without providing comprehensive evidence. The Justice Department's motion to dismiss stated that the specific relief sought—sequestering the challenged ballots—was no longer available because the state had already irreparably mixed the alleged noncitizen ballots with those of lawful voters during the counting process.
What the Left Is Saying
Democratic officials and voting rights advocates have characterized the federal intervention as legally unsound and practically impossible given the timeline of the election. California state officials stated that the list of alleged noncitizens was outdated and included legitimate citizens, a position supported by U.S. District Judge David O. Carter. Judge Carter, in an order denying the federal government's request, warned that attempting to separate ballots at such a late stage would risk disenfranchising eligible citizens and would "wreak havoc" on the midterm elections. The Supreme Court's unsigned, one-line order rejecting the emergency appeal was viewed by these groups as a validation of state authority over election administration.
What the Right Is Saying
Conservative leaders and the Justice Department argued that the lawsuit was necessary to "safeguard the integrity of the election" and prevent illegal voting from influencing the outcome. Bill Essayli, the top federal prosecutor in Los Angeles, stated prior to the election that the goal was to stop illegal voting rather than "chase it later." Although the DOJ moved to drop the suit, the administration continues to pursue criminal investigations, having arrested over 30 noncitizens recently accused of illegally registering to vote. Some of those arrested are also accused of having voted in previous elections. The administration has maintained that the list of suspected noncitizens, while contested, warrants scrutiny to ensure election integrity.
What the Numbers Show
The lawsuit focused on approximately 20,000 ballots out of the roughly 9 million processed in California by early Friday, with nearly 5 million still pending count at the time of the filing. The list of alleged noncitizens was derived from state voter registration data, which California officials contended was outdated. The Supreme Court's rejection of the emergency appeal was issued without a signed opinion. Additionally, the Justice Department remains involved in separate litigation with immigrant and voting rights groups regarding the use of this list, and is appealing a federal judge's swift dismissal of a similar lawsuit filed in Alaska to block a Democratic Senate victory there.
The Bottom Line
The dismissal of the California lawsuit marks a procedural defeat for the Trump administration's attempt to intervene in the state's midterm vote counting. However, the legal and political battle over election integrity continues through criminal investigations and appeals in other jurisdictions. With the ballots already commingled, the immediate impact on the California midterm results is expected to be minimal, but the case highlights ongoing tensions between federal authorities and state election officials regarding the verification of voter eligibility and the methods used to challenge ballots.