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# Trump's DOJ asks the Supreme Court to hold back 20,000 California ballots the day before Election Day
- URL: https://www.workersrights.news/trump-doj-asks-supreme-court-set-aside-20000-california-ballots/
- Published: 2026-11-02T18:36:19.000Z
- Updated: 2026-11-02T18:36:19.000Z
- Description: Two courts already said no. More than 6 million California mail ballots are already in.
- Author: WorkersRights.News Team
- Tags: Legal News, Politics

Trump's Justice Department asked the U.S. Supreme Court on Monday, the day before Election Day, to order California to set aside mail ballots from more than 20,000 people on a federal list of suspected noncitizens, [CBS News reported](https://www.cbsnews.com/news/trump-supreme-court-california-ballots-alleged-noncitizens/?ref=workersrights.news). Those ballots would stay uncounted until citizenship is verified.

The emergency request comes after two courts said no. U.S. District Judge David O. Carter in Los Angeles [rejected DOJ's request](https://www.workersrights.news/judge-carter-denies-doj-bid-set-aside-20000-california-ballots/) last Wednesday. On Friday, a Ninth Circuit panel [turned DOJ down 2-1](https://www.workersrights.news/ninth-circuit-throws-out-doj-bid-block-20000-california-ballots/). "We decline the United States's invitation to contravene the Elections Clause by undermining the Constitution's plain text," the majority wrote, [according to Democracy Docket](https://www.democracydocket.com/news-alerts/doj-makes-last-ditch-request-to-supreme-court-to-block-20000-california-voters/?ref=workersrights.news). Judge Mark Bennett, a Trump appointee, also voted against DOJ's request.

## What DOJ is asking for

The case is DOJ's lawsuit against California and Dean Logan, Los Angeles County's registrar-recorder and county clerk. Solicitor General D. John Sauer signed the application and called the request a "modest remedy," CBS reported. "Once California commingles the challenged ballots with lawful ones, there is no way to get the challenged ballots back," he wrote.

## What the record shows about the list

DOJ's claim that these voters are noncitizens is just that: a claim, and two courts have refused to act on it. In July, federal officials told California there could be as many as 190,000 noncitizen voters, [CalMatters reported](https://calmatters.org/politics/2026/10/california-noncitizen-voter-suit/?ref=workersrights.news). The list later dropped to about 20,000, and a DOJ official acknowledged it could be an overcount. When Los Angeles County checked a 200-name sample, officials found many names appeared to belong to citizens, and most of the people listed hadn't voted or been sent a ballot.

WorkersRights.News has tracked [the problems with DOJ's list](https://www.workersrights.news/doj-california-noncitizen-voter-list-42-percent-not-on-rolls-ucla/) and [DOJ's push to punish the lawyers who found them](https://www.workersrights.news/trump-doj-contempt-chirla-lawyers-noncitizen-voter-list-errors/).

Attorney General Rob Bonta has called the suit one that "borders on the absurd," CalMatters reported.

## Who's affected

More than 6 million California mail ballots were already back as of Sunday, according to the Secretary of State's office, CBS reported. Every voter on DOJ's list, citizen or not, could have a ballot held back while the government checks.

It isn't known yet whether the Supreme Court will take up the request or act before polls close Tuesday.

### Sources

- [CBS News: Trump asks Supreme Court to intervene in bid to get California to set aside ballots from 20,000 alleged noncitizens](https://www.cbsnews.com/news/trump-supreme-court-california-ballots-alleged-noncitizens/?ref=workersrights.news)
- [Democracy Docket: DOJ makes last-ditch request to Supreme Court to block 20,000 California voters](https://www.democracydocket.com/news-alerts/doj-makes-last-ditch-request-to-supreme-court-to-block-20000-california-voters/?ref=workersrights.news)
- [CalMatters: 'Borders on the absurd.' California fights Trump lawsuit to set aside 20,000 ballots](https://calmatters.org/politics/2026/10/california-noncitizen-voter-suit/?ref=workersrights.news)