Judge Weighs Special Master To Review California Noncitizen Ballot Claims

Federal officials in California now face a potential delay in the final steps of the midterm election as a judge considers an independent review of voter eligibility. U.S. District Judge David O. Carter stated Tuesday that he is evaluating whether to appoint a special master to examine the Justice Department’s claims regarding noncitizens on state voter rolls. This move could determine if counties can separate specific ballots from the millions already cast.

The Justice Department alleges that approximately 20,000 people on California’s voter rolls are not U.S. citizens. This group represents a small portion of the state’s 23 million registered voters. The federal lawsuit was filed in mid-October, accusing California election officials of missing a 48-hour deadline to review the list. The government is seeking to prevent the counting of ballots from these individuals before the Dec. 11 deadline to certify election results.

Carter indicated that an independent special master could complete this evaluation before the certification date. He expressed concern that making a final decision without such a review would be too rushed. The judge noted that the special master would assess the substance of both sides' claims, including California’s argument that it is logistically impossible to separate ballots that have already been returned. More than 3 million mail ballots have already been received statewide.

The hearing focused heavily on the reliability of the federal list. Los Angeles County officials found that a small sample of individuals on the list were verified citizens. A federal agent who conducted the investigation, which involved roughly 800 employees manually checking names, submitted an affidavit stating the county’s findings were incorrect. The filing conceded that some citizens may have been mistakenly included on the list.

First Assistant U.S. Attorney Bill Essayli argued that the government’s goal is to stop illegal voting rather than chase it later. He stated that the Justice Department has not asked to void any ballots but seeks to safeguard the election. Essayli told the court that the case rests on the credibility of the 20,000 flagged names. He argued that California has an obligation to investigate these voters before counting their ballots.

M. Patrick Moore, a lawyer for the Los Angeles County registrar, countered that the county would cooperate with criminal prosecutions if the federal government pursued them. He noted that there is a record for any noncitizen who votes and that the county would provide that information. Moore also raised questions about the private third-party service the government used to determine Social Security numbers for the list.

Carter voiced skepticism about the government's choice to sue rather than use criminal prosecutions. He referenced the recent arrest of 28 people in California accused of illegal registration. The judge told the room, “You got a remedy for goodness sakes, go out and indict.” He warned that local election workers should not face criminal threats while the election is underway. Carter said the court believes it is wise for these threats to cease immediately.

The judge stated he will not issue an official order until Wednesday. He is currently vetting the federal government’s list before deciding on the appointment of the special master. The outcome of this process will influence whether California can proceed with its standard certification timeline or faces further legal delays.