A federal judge on Wednesday evening, Oct. 28, denied the Justice Department's emergency request to make California election officials set aside, rather than count, mail ballots returned by about 20,000 people the federal government says are "likely" noncitizens.
In a 26-page ruling, U.S. District Judge David Carter denied the request for a temporary restraining order. "Once a vote is segregated, lasting harm has occurred," he wrote, according to NPR. "If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger. This Court declines to be a party to such process." He said the government can still prosecute anyone who votes illegally.
Why it matters for Bay Area voters
State and county officials argued the list is unreliable; NPR reports a Los Angeles County analysis found many people on it don't have active registrations. Setting ballots aside days before Election Day, while mail ballots are already being processed, would have been unlawful and unworkable and would have disenfranchised eligible voters, they said. Attorney General Rob Bonta said the ruling builds on Monday's Ninth Circuit decision that rejected the administration's attempt to get emergency relief without going through the district court.
For now, Bay Area registrars keep processing ballots normally. Earlier: the Oct. 27 hearing and Santa Clara County refusing a DOJ demand to set aside 902 ballots.
How to vote
Election Day is Tuesday, Nov. 3. Polls and vote centers close at 8 p.m., and mailed ballots must be postmarked by Election Day and arrive within seven days. You can check your registration and ballot status at sos.ca.gov/elections. California lets you register and vote the same day at a vote center.