Federal court rejects DOJ’s attempt to disrupt California elections days before Election Day

For immediate release: October 28, 2026
Media contact: Jackie Jena, jackie@publicrightsproject.org

LOS ANGELES — A federal judge Wednesday denied the Justice Department’s attempt to force California to set aside thousands of ballots while voting is underway. The ruling allows Los Angeles County to continue processing and counting ballots under its established procedures, rejecting DOJ’s push for sweeping, last-minute changes based on a list full of errors. Public Rights Project represents Los Angeles County in United States v. California.

The Justice Department asked the court to order California election officials to identify and set aside more than 20,000 ballots it claims are from “likely” noncitizens, based on a list Los Angeles County has shown contains significant errors. Of about 20,000 names on the list, only 7,035 records had Los Angeles County addresses. In an initial review of about 200 records, fewer than half corresponded to active registered voters and more than a quarter listed a U.S. birthplace.

In his ruling, Judge David O. Carter found serious problems with DOJ’s factual claims, legal arguments and basis for the lawsuit. The government couldn’t explain how it went from accusing nearly 200,000 people of being noncitizens to just 20,000, or prove its list was accurate. The judge concluded that DOJ’s process was not credible and that the federal government was unlikely to succeed in its attempt to force state and local officials to abandon established election procedures.

The decision follows the Ninth Circuit’s decision on Oct. 26 in which it rejected DOJ’s attempt to bypass the normal judicial process. In that ruling, two judges raised serious concerns about disenfranchising eligible voters and disrupting an active election.

“For the second time in three days, the courts have rejected the federal government’s attempt to interfere in California’s elections,” said Jill Habig, founder and CEO of Public Rights Project, which represents Los Angeles County. “This ruling calls out a broader, ongoing effort by federal officials to change how our elections are run. Days before Election Day, local officials should be able to focus on running a safe and secure election, not fighting off unlawful federal interference.”

During Tuesday’s hearing, the judge raised significant concerns about DOJ’s demands, describing the changes it sought to California’s election procedures as “monumental.” In closing, the judge directly addressed federal threats against state and local election officials, stating: “This court believes it would be wise that any threats to state and county elected employees cease immediately.” His remarks underscored the extraordinary pressure facing election officials and the importance of allowing them to carry out their responsibilities without threats of prosecution or intimidation as they administer the election.

“The federal government’s actions are election interference, plain and simple,” said Jonathan Miller, chief program officer of Public Rights Project. “The administration claims to be protecting election integrity while at every turn undermining the systems that safeguard how people vote. This ruling is a win for Los Angeles County and counties across the country, and we will continue defending election officials against federal intimidation and abuses of power.”

The case comes as the administration ramps up pressure on election officials — demanding sensitive voter data and threatening investigations and prosecution — while cutting the federal support they rely on, including cybersecurity assistance from the Cybersecurity and Infrastructure Security Agency and the U.S. Election Assistance Commission.

Through its Election Protection Hub, Public Rights Project supports more than 215 local election officials nationwide with legal expertise, training and resources to respond to emerging threats and protect voters’ rights. 

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Public Rights Project helps local governments protect civil rights. We represent cities and counties in court, train government lawyers and activate a national network of local leaders to respond to emerging threats. Since 2017, we’ve worked alongside local government officials in all 50 states to support communities and people’s rights.