Judge Appoints Special Master to Probe DOJ Noncitizen Voter List

U.S. District Judge David O. Carter appointed a special master to investigate the process the United States Department of Justice used to identify approximately 20,000 suspected noncitizens on California voter rolls. The decision follows an emergency request by the Department of Justice to block California from counting mail ballots from these individuals for the November 3 midterm elections.

The Department of Justice sought a temporary restraining order to sequester the ballots until citizenship could be verified, arguing the action is necessary to prevent the dilution of lawful votes. First Assistant U.S. Attorney Bill Essayli stated the government is seeking to enforce federal laws prohibiting noncitizen voting, though he clarified the request is not to void or cancel ballots.

Judge Carter expressed skepticism toward the emergency request, describing the proposed intervention as a "monumental change" to election procedures while voting is already underway. He also ordered that threats against state and county election employees cease immediately, following federal warnings that workers could face criminal liability for counting noncitizen ballots. California attorneys argued that the federal data is unreliable and that sequestering ballots would disenfranchise eligible voters and disrupt election administration.