2026年11月6日 美国东部时间晚上8点39分 / 哥伦比亚广播公司/美联社
美国司法部周五决定撤回其原本提起的诉讼，该诉讼旨在阻止加利福尼亚州统计约2万张选票——司法部声称这些选票属于非公民，除非能核实他们的移民身份。
提出撤诉请求的前几天，共和党在中期选举中遭遇重大失利；距离原定的听证会还有约一周时间，该听证会将由一名特别主事官评估上述名单的准确性。加利福尼亚州官员此前曾表示，该名单已过时，包含合法登记的选民——审理此案的联邦法官在驳回联邦政府请求的严厉裁决中也附和了这一观点。
该案件曾是特朗普政府试图控制全国各州选举的核心举措，特朗普称各州选举充斥着非法投票行为，但并未提供相关证据。
周一，也就是选举日前夜，最高法院驳回了司法部的紧急上诉，该上诉要求加利福尼亚州将据称来自约2万名非公民的邮寄选票单独分类。
最高法院以一行未署名的命令驳回了该上诉。
美国司法部仍与移民和投票权组织陷入诉讼纠纷，这些组织试图限制司法部使用其所谓的“疑似非公民”名单。根据特朗普的指示，司法部在选举前还在阿拉斯加提起了另一项有争议的诉讼，试图阻止该州民主党候选人在参议院选举中胜出，但该诉讼很快被一名联邦法官驳回。特朗普政府正在对该裁决提起上诉，但尚未向第九巡回上诉法院提交完整的辩护状。
根据加州选举官员的数据，截至周五早些时候，加州已统计约900万张选票，仍有近500万张待统计。撤诉申请称，到下次听证会时，州政府早已将“涉案选票与合法选票混合统计”，已无法挽回。
申请中指出：“美国所寻求并需要的救济措施已无法实现——因此有必要主动撤诉。”
洛杉矶联邦首席检察官比尔·埃塞利此前在法庭上辩称，选举日后该诉讼将失去意义，因为已无法将据称属于非公民的选票单独隔离。该诉讼于10月中旬提起，当时选票已寄给该州全部2300万名登记选民，且已有数十万张选票完成统计。选票一经统计便会被完全匿名化。
埃塞利在诉讼提起时表示，其目标是“维护选举的公正性，避免对即将到来的选举产生影响”。
“我们希望阻止非法投票，不愿事后再追查，”他在选举前一周的法庭外说道。
美国加利福尼亚中区联邦检察官办公室将所有问题转交华盛顿的司法部处理，截至周五晚间，司法部未回复置评邮件。
近几周，加州检察官已逮捕30余名被控非法登记投票的非公民。部分被捕者还被指控在以往选举中投票。选举前一周，加州各地的选举官员收到传票，需在11月召开的大陪审团前作证。目前尚不清楚这些案件中谁会被刑事起诉，但司法部通常不会传唤其认定的刑事调查目标出庭大陪审团。
联邦地区法院法官戴维·O·卡特在10月下旬任命了这名特别主事官，此前他已准许加利福尼亚州按计划进行选举。由前总统比尔·克林顿任命的卡特在其严厉裁决中指出，在选举后期对选票进行分类可能会剥夺公民的选举权，并警告此举将对中期选举造成“严重破坏”。
特别主事官还将审议加州选举官员是否确实有分离上述选票的机制。
November 6, 2026 / 8:39 PM EST / CBS/AP
The Justice Department on Friday moved to dismiss its own lawsuit that sought to stop California from counting roughly 20,000 ballots it alleged went to noncitizens until their immigration status could be verified.
The request to dismiss the case comes days after Republicans’ significant losses in the midterm elections and about a week before a scheduled hearing where a special master was slated to evaluate the accuracy of the list. California officials have previously said the list is out of date and includes legitimate voters — a sentiment that the federal judge presiding over the case echoed in his blistering order denying the federal government’s request.
The case was at the forefront of the Trump administration’s effort to assert control over state-run elections across the country, which Mr. Trump has said are rife with illegal voting without providing evidence.
On Monday, on the eve of Election Day, the Supreme Court rejected an emergency appeal from the Justice Department to require California to separate mail ballots received from the approximately 20,000 people it alleged were noncitizens.
The Supreme Court rejected the appeal in a one-line, unsigned order.
The Justice Department remains enmeshed in litigation with immigrant and voting rights groups seeking to limit its use of the list of what it says are suspected noncitizens. Another controversial lawsuit it filed in Alaska at Mr. Trump’s direction before the election to block the victory of the Democrat in that state’s Senate race was swiftly dismissed by a federal judge. The administration is appealing that ruling but has yet to file a full brief at the Ninth Circuit Court of Appeals.
California had processed roughly 9 million ballots as of early Friday, with nearly 5 million still left to be counted, according to state election officials. The motion to dismiss the lawsuit said that, by the time of the upcoming hearing, the state will have already irreparably “commingled the challenged ballots with lawful ones.”
“The relief the United States sought and needed is no longer available—rendering voluntary dismissal necessary,” the motion said.
Bill Essayli, the top federal prosecutor in Los Angeles, previously argued in court that the lawsuit would be irrelevant after Election Day, because there would be no way to sequester the ones allegedly belonging to noncitizens. The lawsuit was filed in mid-October, when ballots had been sent to all of the state’s 23 million registered voters, and after hundreds of thousands of ballots were already processed. Once a ballot is processed, it is completely anonymized.
Essayli said at the time the lawsuit was filed that his goal was to “safeguard the integrity of the election so it doesn’t have an effect on the upcoming election.”
“We want to stop the illegal voting. We don’t want to chase it later,” he said outside of court the week before the election.
The United States Attorney’s Office for the Central District of California referred all questions to the Department of Justice in Washington, D.C., which did not respond to an emailed request for comment on Friday evening.
California prosecutors in recent weeks have arrested over 30 noncitizens who are accused of illegally registering to vote. Some who were arrested were also accused of voting in previous elections. Elections clerks around California in the week before the election were sent subpoenas to testify before grand juries slated to convene in November. It’s not clear who is being criminally charged in those cases, but the department does not typically subpoena people whom it regards as targets of a criminal investigation to appear before a grand jury.
U.S. District Judge David O. Carter appointed the special master in late October, shortly after allowing California to proceed with elections as planned. Carter, who was appointed by former President Bill Clinton, argued in his blistering order that separating ballots at that late stage would risk disenfranchising citizens and warned it would “wreak havoc” on the midterm elections.
The special master would have also considered whether or not California election officials did in fact have a mechanism for separating the ballots.
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