A federal judge has raised concerns about a Justice Department effort to isolate about 20,000 ballots in California before the state’s election. The case centers on claims that some ballots may be linked to people who are not U.S. citizens.
U.S. District Judge David O. Carter heard arguments on Tuesday. He appeared doubtful about the department’s request for quick action so close to election day. He also said he plans to appoint a special master to examine how the government made its list of alleged noncitizens.
The move could slow the Trump administration’s effort to change how California handles the ballots. The judge did not make a final decision on the Justice Department’s request for a temporary restraining order. However, his comments showed concern about making major changes to an election process already under way.
Carter described the proposed change as a major step. He questioned whether the government had shown enough reason to seek such urgent action only about a week before the election.
The Justice Department filed its lawsuit against California over the state’s voter records. The department wants officials to separate around 20,000 ballots tied to people it considers likely to be noncitizens. It argues that federal law bars noncitizens from voting in federal elections.
During Tuesday’s hearing, Bill Essayli, a Trump-appointed leader in the U.S. Attorney’s Office for the Central District of California, defended the government’s position. He said the administration was seeking to make sure the state follows federal law.
Essayli argued that the case was about enforcing rules that prevent noncitizens from voting. The government has sought court action to ensure that ballots linked to the names on its list receive special treatment.
State officials and lawyers opposing the lawsuit rejected the government’s approach. They argued that the case raises serious questions about the balance of power between the federal government and the states.
They said states have a long-standing role in running their own elections. They also warned that the proposed action could disrupt California’s work as officials count votes and confirm the final results.
The timing of the lawsuit has become a key issue. Election officials must manage ballots, check records and report results under strict rules. A court order forcing them to separate thousands of ballots at this stage could add new steps to that work.
Opponents also warned that the action could create confusion as the state moves toward final vote counts. Any delay or change in ballot handling could lead to further legal disputes and make the process harder for election staff.
Carter did not issue a final ruling at the end of Tuesday’s hearing. He told both sides that he planned to issue an order on the next steps in the case by Wednesday.
The planned appointment of a special master could prove important. Such an official can examine evidence and review the process used by one or both sides. In this case, the judge said he wanted to look into how the Justice Department built its list of roughly 20,000 people it considers likely to be noncitizens.
The review could help the court assess the methods behind the government’s claims. It may also help determine whether the list provides a sound basis for the urgent action the department seeks.
Carter also expressed concern about letters sent by the administration to election officials across California. Those letters suggested that officials could face prosecution if they took part in counting ballots that might be linked to people on the list.
The judge spoke firmly about those warnings as the hearing ended. He said the court believed that any threats against elected state and county employees should stop at once.
His comments added another point of tension to the case. Local officials must carry out their duties while following election laws and court orders. Warnings of possible prosecution could put extra pressure on workers responsible for counting votes.
The dispute comes amid wider legal battles over election rules and the role of federal authorities in state-run elections. The Justice Department says its action is needed to enforce federal voting law. California officials and other opponents say the lawsuit threatens state control and could disrupt the vote count.
The case now turns on Carter’s next order and the review he plans to seek. His decision could shape how the lawsuit proceeds and whether the government can obtain emergency relief before the election.
For now, the court has not ordered California to separate the ballots. The judge’s concerns suggest that the Justice Department will need to address questions about its list, the timing of its request and the possible impact on election work.
