Federal Judge Considers Special Master to Review California Voter Rolls Dispute
Federal judge David O. Carter signaled on Tuesday that he is considering appointing a special master to evaluate claims that roughly 20,000 noncitizens are registered to vote on California’s rolls. Presiding over a tense hearing in a lawsuit brought by the U.S. Justice Department examined whether local election officials could legally or logistically separate ballots cast by individuals flagged by federal prosecutors before the state finalizes its count.
The Justice Department initiated the lawsuit in mid-October, accusing California election officials of failing to meet a 48-hour deadline to review the contested list of names. With control of Congress hanging in the balance, noncitizen voting has emerged as a central focus for the administration, though available data indicates that ineligible voting remains exceedingly rare. The 20,000 flagged individuals represent a tiny fraction of California’s 23 million registered voters, and millions of ballots have already been cast in an election cycle that concludes next Tuesday.
Judge Carter Questions Federal Lawsuit Strategy
During Tuesday’s proceedings, Judge Carter expressed deep skepticism regarding the federal government’s choice to sue the state rather than pursue criminal indictments. Pointing to a recent October sweep in which federal authorities arrested 28 people across California for alleged voter registration fraud, the judge remarked from the bench that prosecutors had other avenues available.
“You got a remedy for goodness sakes — go out and indict,” Carter said during the hearing.
The debate centered heavily on the credibility and verification methods behind the federal list. Lawyers representing California and Los Angeles County argued that the Justice Department relied on opaque third-party services to cross-reference Social Security numbers, leaving room for error. Los Angeles County officials tested a small sample of the flagged names and discovered that several individuals were verified U.S. citizens. While a federal investigator defended the integrity of the list in court filings, acknowledging that minor citizen inclusion errors could happen, state attorneys maintained that the process was fundamentally flawed.
California officials stressed that once completed mail ballots are returned, they are immediately separated from their identifying envelopes, making the retrofitting or segregation of specific votes a near-impossible logistical feat.
Justice Department Pursues Parallel Ballot Requests
The legal clash in California is not happening in a vacuum. The Justice Department made a parallel request in Washington state this week, asking officials to sequester ballots submitted by hundreds of individuals suspected of not holding U.S. citizenship. Meanwhile, another lawsuit filed in Alaska last week attempts to delay vote certification if the Republican incumbent trailing in the U.S. Senate race does not win. All three states feature crucial congressional contests that will help determine the balance of power in Washington, D.C.
Before leaving the courtroom abruptly on Tuesday, Judge Carter issued a stern warning regarding the safety of election personnel following reports of threats made to local county workers.
“This court believes it would be wise that any threats to state and county election employees cease immediately,” Carter stated from the bench.
First Assistant U.S. Attorney Bill Essayli maintained that the federal government’s intervention was designed to safeguard the electoral process rather than void ballots or disrupt the ongoing midterms. Even so, significant unknowns remain. It is still unclear how a special master would sift through the data or what impact their findings would ultimately have on the state’s Dec. 11 deadline to certify the election results. Judge Carter indicated he would not issue an official ruling on the special master until Wednesday.
