Justice Department Files Petition To Supreme Court Over Mail-In Ballots In Blue State

The Justice Department appealed to the Supreme Court on Monday after it unsuccessfully tried to block California from counting mail-in ballots from about 20,000 people whom the department believes may not be U.S. citizens.

The petition comes three days after the 9th Circuit U.S. Court of Appeals rejected the department’s effort to block a lower federal court’s injunction.

The injunction allowed the ballots to be counted.

BREAKING: The Trump administration appeals to the Supreme Court in a push to sideline 20,000 California mail ballots. https://t.co/kEDIoqb6YS

— The Associated Press (@AP) November 2, 2026

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CNBC explained further:

The DOJ sued the state of California on Oct. 15 in U.S. District Court in Los Angeles. The civil complaint sought to prevent state election officials from tabulating mail-in ballots “from likely non-citizens in the upcoming federal election until the voter’s citizenship status can be determined.”

The DOJ previously had given Los Angeles County officials a thumb drive containing names of voters the department suggested could be non-citizens, who by law are barred from voting in federal elections.

Last Wednesday, Judge David Carter denied the DOJ’s request that he order California officials to set aside mail ballots from alleged non-citizens named on a list prepared by the Department of Homeland Security, and not count their votes until their citizenship is confirmed.

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“If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger,” Carter wrote, according to the Associated Press.

“Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch,” Carter continued.

“In bringing this lawsuit, the Executive would have this Court believe that it reigns as a sole sovereign. But California and its people are sovereign, too,” he added.

Watch more below:

BREAKING: The Trump admin just asked the SUPREME COURT to BLOCK California from counting mail ballots from 20,000 people the feds flagged as likely NONCITIZENS

DO THE RIGHT THING!

Solicitor General D. John Sauer is asking the Court to order California to "stop commingling… pic.twitter.com/JzswYcXT3g

— Eric Daugherty (@EricLDaugh) November 2, 2026

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More from the Associated Press:

The Justice Department asked the high court for a “limited injunction” that would direct California to “stop commingling suspected illegal ballots with legal ones” while the case continues to play out.

Voting has been underway in California, a largely Democratic state, since early October. All of the state’s roughly 23 million registered voters are mailed a ballot. Hundreds of thousands of ballots have already been processed.

Lower courts have sided with the state, with a district judge warning that segregating ballots would “wreak havoc” on the midterm elections and erode trust in the democratic process.

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