California: request to temporarily block mail ballots denied
The 28 October order concerns emergency relief linked to a list of more than 20,000 registered voters. It does not establish that the same number of unlawful ballots were cast. Reuters reports an appeal.
US District Judge David O. Carter on 28 October 2026 denied the US Justice Department’s request for a temporary restraining order concerning California mail ballots ahead of the 3 November midterm elections.
The government sought to segregate and withhold from the count, pending citizenship verification, ballots associated with a list of more than 20,000 registered voters whom it described as likely noncitizens. That number concerns the disputed list; it is not a confirmed number of unlawful voters or unlawful ballots already cast.
What the court decided
In Document 149 of case 2:26-cv-12025-DOC-ADS, the judge found that the requirements for the requested emergency relief were not established. At this preliminary stage, he questioned the federal government’s standing and legal basis for its claim, and identified risks of disrupting an election already underway and disenfranchising eligible voters.
The order also examines gaps in the description of the method used to compile the list. California opposed the request and disputed the reliability of the data. The parties’ allegations remain distinct from the court’s ruling on temporary relief.
The case continues
Reuters reports that the Justice Department appealed to the Ninth US Circuit Court of Appeals. Denial of the temporary restraining order does not finally resolve every issue in the case. Filing an appeal is not presented as reversal of the decision or confirmation that a stay was granted.
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