The U.S. Justice Department on Friday moved to voluntarily dismiss its lawsuit challenging the counting of 20,000 ballots in California, arguing the relief it sought is now impossible after the midterm elections concluded.
U.S. District Judge David O. Carter had previously rejected the federal government’s request to set aside the ballots, which it alleged could be from noncitizens. A three-judge panel of the U.S. 9th Circuit Court of Appeals and the U.S. Supreme Court also denied the Justice Department’s appeals, with no noted dissents.
In a filing before Carter, Assistant U.S. Attorney Julie Hamill wrote that the court process was no longer necessary, as it would not provide the relief sought by the lawsuit. The motion cited the Supreme Court’s denial of the emergency appeal and the completion of the midterm elections as key factors in the decision.
Immediate Action & Core Facts
The Justice Department’s motion to dismiss the case came days after Republicans suffered significant losses in the midterm elections and one week before a scheduled hearing where a special master was to evaluate the accuracy of the list of alleged noncitizens. The federal government had sought to stop California from counting the ballots until their immigration status could be verified.
California officials and the presiding judge had previously criticized the federal government’s claims. Judge Carter ruled that the government’s request was likely unconstitutional, as the Constitution grants states and Congress authority over elections—not the executive branch. He also noted that the federal law barring sweeping voter roll vetting in the run-up to an election may have been violated.
Deeper Dive & Context
Legal and Constitutional Arguments
The Justice Department argued that its lawsuit aimed to prevent vote dilution by noncitizens, but Judge Carter found that the request likely overstepped federal authority. The court had already appointed a special master to investigate the data the government used to assert that the 20,000 voters were potentially noncitizens. However, the Justice Department’s motion to dismiss rendered this process unnecessary.
Political and Election Context
The case was part of a broader effort by the Trump administration to assert federal control over state-run elections, which critics argued was an attempt to undermine election integrity without evidence. The Supreme Court’s rejection of the emergency appeal came just days before Election Day, signaling a legal deadlock in the federal government’s challenge.
California officials had consistently maintained that the list of alleged noncitizens was outdated and included legitimate voters. The state had processed roughly 9 million ballots as of early Friday, with nearly 5 million still left to be counted at the time of the Justice Department’s motion.
Related Litigation
The Justice Department remains involved in other legal disputes over the same list of alleged noncitizens, including a separate lawsuit filed in Alaska to challenge the victory of a Democratic Senate candidate. That case was swiftly dismissed by a federal judge, and the administration has since appealed the ruling.
Timeline of Key Events
- Monday (Election Eve): Supreme Court rejects emergency appeal to separate the 20,000 ballots.
- Tuesday: Midterm elections conclude.
- Friday: Justice Department files motion to dismiss the lawsuit, citing the Supreme Court’s denial and the completion of the election.