24SEP

Judge Carter refuses DOJ's ballot demand

1 min read

11:45UTC

Judge David O. Carter on 28 October and a 9th Circuit panel, 2-1 on 30 October, refused the Justice Department's demand that California set aside about 20,000 mail ballots.

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Key takeaway

Two courts refused DOJ's bid to set aside 20,000 California mail ballots before polling day.

US District Judge David O. Carter on 28 October refused the Department of Justice (DOJ)'s demand that California set aside about 20,000 mail ballots from voters the department lists as likely non-citizens⁠¹. A panel of the 9th Circuit, the federal appeals court for the western states, refused the department again, 2-1, on 30 October⁠².

The department had renewed its bid for the order on 21 October, and the same appeals court had earlier declined, also 2-1, to hear its appeal before Carter ruled. California set aside none of the ballots on the department's list.

Deep Analysis

In plain English

The US Justice Department asked federal courts to order California to set aside about 20,000 mail ballots, sent to voters it said were likely not citizens. A district judge, David O. Carter, refused, and a panel of three appeals judges also refused by two votes to one. Because both courts said no before polling day, California did not set any of those ballots aside.

What could happen next?

Precedent
Federal courts refused a pre-election demand to set aside ballots from a federal list of suspected non-citizens.

Sources:Democracy Docket

Mentions:David O. Carter →Department of Justice →California →Alaska →Georgia (U.S. state) →9th Circuit →

First Reported In

Update #23 · Democrats take the Senate and the House

Democracy Docket· 5 Nov 2026

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Causes and effects

Caused by

DOJ seeks to freeze 20,000 mail ballots

Carter and the 9th Circuit refused the demand DOJ renewed on 21 October.

Occurred 21 Oct 2026

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9th Circuit sends DOJ ballot case back

After sending the case back to Carter on 26 October, a 9th Circuit panel refused DOJ again on 30 October.

Occurred 26 Oct 2026

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This Event

Judge Carter refuses DOJ's ballot demand

Both courts refused before polling day, so no California ballots were set aside on the department's list.

Led to

Judge Carter closes DOJ's ballot suit

After Carter and the 9th Circuit refused its demand, DOJ withdrew the suit and Carter closed the case.

Occurred 10 Nov 2026

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Different Perspectives

University of Florida Election Lab

The lab, run by Michael McDonald, estimates about 124.3 million ballots, a raw midterm record, and turnout of about 49.4% of eligible voters, second to 2018's 50.05%. The raw record reflects population growth more than a record rate, so the late count is working through a near-2018 electorate.

Thune's critics on the right, including Senator Ron Johnson

Ron Johnson backed the failed 31-15 motion to delay Thune's re-election, after activists such as Mike Cernovich blamed the leader for the defeat. Their complaint is that Republicans could have passed the SAVE Act; in January it meets a Democratic Senate instead.

Senator John Thune

Thune was re-elected Senate Republican leader by acclamation on 10 November after a motion to delay failed 31-15. He kept the filibuster that stopped the SAVE Act, the choice his critics on the right blame for the defeat.

House Republicans under Jim Jordan

House Republicans elected Jordan minority leader by 106 votes to 73 over Steve Scalise on 10 November, after Speaker Mike Johnson declined to run. They replaced the leadership that lost the majority, while Senate Republicans kept theirs.

Donald Trump

Trump asked on Truth Social on 9 November whether anybody believed the election "was honest" and blamed the machines, having told The New York Times on polling night he would accept the results. No Republican campaign had sued over a 2026 result by 10 November, so the claim has no case behind it.

Judge David O. Carter

Carter closed the Justice Department's suit over about 20,000 California mail ballots on 10 November after the department withdrew it, writing that the suit "attempted to disrupt an ongoing election". The closure leaves the department with no court order touching a 2026 California ballot.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.