DOJ appeals to Supreme Court to reverse block on segregating 20K California ballots

DOJ says the ballots were likely cast by noncitizens and wants them segregated while eligibility is investigated

https://news-multimedia-1393112320.cos.ap-guangzhou.myqcloud.com/eric_mack_square_profile.png By Eric Mack | Fox News

Published November 2, 2026 11:50am EST | Updated November 2, 2026 12:06pm EST

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DOJ subpoenas California election workers in illegal voting probe

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The Justice Department asked the Supreme Court to temporarily block lower-court rulings that denied its request to segregate more than 20,000 California mail-in ballots cast by people it says are likely not U.S. citizens.

The DOJ argues the limited injunction would preserve the ballots while their eligibility is investigated, without canceling any votes. California and the federal government dispute whether the ballots are unlawful.

“Once illegally cast ballots are counted and commingled with lawful votes, the resulting harm is impossible to remedy,” the Justice Department wrote in a court filing.

JUDGE REJECTS DOJ REQUEST TO BLOCK CALIFORNIA FROM IMMEDIATELY COUNTING BALLOTS LINKED TO ALLEGED NONCITIZENS

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California has a heavy Democratic registered voter edge over Republicans and has the highest representation in the House with 52 seats, mostly Democratic.(Christina House / Los Angeles Times via Getty Images; Emily Elconin/REUTERS)

The 9th U.S. Circuit Court of Appeals rejected the request Friday, with Judge Patrick Bumatay dissenting, as did a federal judge in Los Angeles last week. The case remains under review, and the DOJ is seeking relief while the matter proceeds. California says its safeguards against noncitizen voting are robust and argues the federal list may contain errors that could disenfranchise eligible voters. The lower courts also cited the state’s authority over election procedures and warned that granting the request could jeopardize the election.

DOJ HAS VERIFIED 20,000 NONCITIZENS ON CALIFORNIA VOTER ROLLS, FEDERAL PROSECUTOR SAYS

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The case stems from an Oct. 15 Justice Department lawsuit alleging that California is impeding enforcement of a federal law barring noncitizens from voting in federal elections. The administration says the state violated the Constitution’s Supremacy Clause, which generally gives federal law precedence over state law.

The dispute comes amid the administration’s broader push to influence how states run elections, including demands for access to voter rolls and warnings that officials could face prosecution for knowingly allowing noncitizens to vote.

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California, the nation’s most populous state, has 52 House seats. Democrats need a net gain of four seats to take control of the chamber.

Fox News’ Shannon Bream and Bill Mears and Reuters contributed to this report.

Eric Mack is a breaking news reporter and writer Sunday through Thursday, 6 a.m. ET to 2 p.m. ET, with a particular interest in stories that lead the news cycle on politics, elections, foreign affairs and government.