Trump’s DOJ drops its suit over 20,000 California ballots after three courts said no
Prosecutors say the ballots will be mixed in before the Nov. 13 hearing, so the case can't continue.
The Justice Department has dropped its lawsuit asking California to set aside mail ballots from about 20,000 voters it suspected of being noncitizens. In a notice filed Friday, DOJ said the ballots will be mixed in with other votes before a Nov. 13 hearing, so "there is then no way to get the challenged ballots segregated."
The case is United States v. State of California, No. 2:26-cv-12025, in the U.S. District Court for the Central District of California, before Judge David O. Carter. DOJ ended it with a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i), which lets a plaintiff end a case without a court order if the defendant has not yet answered or moved for summary judgment.
What DOJ asked for
The notice describes the request as "targeted and modest relief": that California segregate vote-by-mail ballots "cast by people highly likely to be noncitizens" until state officials could confirm those voters' citizenship. That description is DOJ's claim. California officials disputed the federal list, and Democracy Docket reported that it had serious problems, including a missing state voter ID number column and dozens of U.S. citizens.
How it ended
Judge Carter denied DOJ's application for emergency relief and set a preliminary injunction hearing for Nov. 13, after Election Day. The Ninth Circuit also refused to pull the ballots. On Nov. 2, the Supreme Court denied DOJ's application with no noted dissents, according to Democracy Docket. In total, three courts declined to order the separation DOJ wanted.
DOJ's notice faults the district court: "This Court did not timely grant the United States' requested relief." It also cites two Ninth Circuit opinions, from Oct. 26 and Oct. 30, in which Judge Patrick Bumatay dissented. The notice says DOJ "is evaluating how to best ensure that American votes are protected, including by preventing vote dilution by noncitizens." It names no new legal action.
What it means
The ballots at the center of the case will be counted with all others. DOJ made a similar request in Washington state, where a federal judge this week barred DOJ from using threats of prosecution to pressure election officials into withholding ballots. No hearing is now needed in the California case. The notice does not say whether DOJ plans to refile or bring a different claim, and California officials have not yet responded publicly to the dismissal.
Sources
- United States' Notice of Voluntary Dismissal, United States v. California, No. 2:26-cv-12025 (C.D. Cal. Nov. 6, 2026), via Democracy Docket
- Trump DOJ drops California ballot segregation lawsuit after Supreme Court defeat, Democracy Docket
- Supreme Court swiftly rejects Trump administration bid to block California voters, Democracy Docket
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