Judge signals special master in DOJ's bid to set aside 20,000 California ballots, likely pushing a final ruling past Election Day

A federal judge in Los Angeles appeared skeptical on Tuesday, Oct. 27, of the Justice Department's demand that California set aside about 20,000 mail ballots from people the Trump administration says are "likely" noncitizens. U.S. District Judge David O. Carter said he intends to appoint a special master to examine how the government built its list, according to CalMatters and ABC News. The hearing came a day after a 9th Circuit panel refused the DOJ's emergency bid to bypass Carter's courtroom.

What the judge said

"Some of these may be very valid voters, and that's my concern about disenfranchisement," Carter said, CalMatters reports. He said he did not want to "just wing it with a ruling" based on evidence the government filed the night before, and that he would issue an order by Wednesday. CalMatters reports the special master would weigh evidence at a hearing in about two weeks, so a final order may not come until after the Nov. 3 election. ABC News reports Carter called the DOJ's request a "monumental change" to how California runs an election already under way.

Carter also said "it would be wise that any threats to state or county (election) employees cease immediately," after the administration sent letters telling election officials they could face criminal charges if they let people on the list vote. Noting that federal prosecutors had charged 28 green card holders last week, he told the government: "If it's this big, you've got a remedy for goodness sakes. Go out and indict."

The two sides

First Assistant U.S. Attorney Bill Essayli acknowledged the list may include citizens but argued the risk of noncitizen votes was too great. "I would ask the state how many illegal votes is OK for them?" he said. Deputy Attorney General Anne Bellows said the case is about "stripping voting rights from thousands of people until proven otherwise." Los Angeles County said a sample of 200 names found many were likely citizens and most had not voted before and were not sent ballots; Essayli said federal investigators re-reviewed those names and found only four citizens.

What it means for Bay Area voters

For now, no court has ordered California to set those ballots aside. Election offices continue to process ballots as usual ahead of Nov. 3.

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.