5NOV

Judge Carter refuses DOJ's ballot demand

1 min read

00:50UTC

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 →9th Circuit →Department of Justice →California →Alaska →Georgia (U.S. state) →

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.

Different Perspectives

Missouri voters

Missouri voters rejected Proposition A by 61.83% to 38.17% at 95% reporting, repealing the 2025 map that split Kansas City. Trump carried the state, yet its 2022 lines now stay for future elections too.

Senate Leadership Fund (SLF)

SLF reported about $43.9m of independent expenditures from 27 October to 1 November, almost all against Democrats, including $12.37m against Sherrod Brown. Seven of its ten targets won; Dan Osborn lost in Nebraska and two are uncalled.

Richard Hudson, chair of the National Republican Congressional Committee

Hudson, who runs House Republicans' campaign arm, conceded North Carolina's 9th District to Richard Ojeda before any AP call. Democrats lead 10 of the state's 14 House districts on the unofficial feed.

Department of Justice (DOJ)

DOJ lost before Judge David O. Carter on 28 October and a 9th Circuit panel on 30 October on its demand to set aside 20,000 California ballots, and says it will appeal the Alaska dismissal. No court has set a ballot aside.

Senator Dan S. Sullivan

Sullivan, who trails Mary Peltola 48.2% to 47.9% on first choices, told CNN he would accept the result. DOJ's suit to stop Alaska certifying anyone but him was dismissed on 1 November.

Scott Colom's campaign

Colom's campaign estimates that about 15,000 affidavit ballots remain to be counted in a race he leads by roughly 65 to 100 votes. Those ballots count only if voters confirm their ID or eligibility by 5pm on 10 November.

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