Supreme Court denies Trump administration's bid to hold California mail ballots

The U.S. Supreme Court issued an unsigned order on Monday denying the Trump administration's request for an emergency injunction. The ruling declined to force California election officials to separate mail ballots from 20,000 voters the Justice Department identifies as likely noncitizens. The court acted solely on the federal government's petition for relief and did not seek a response from state officials before deciding. No dissents were noted in the one-line order.

The denial follows a lower court split. Earlier that day, a federal appeals court had also refused to order California election workers to set aside the ballots. Last week, U.S. District Judge David Carter denied a motion for a temporary restraining order. Judge Carter stated that the administration's process for identifying alleged noncitizens was rife with uncertainty and errors. The Justice Department has pursued this litigation against California officials and Dean Logan, the Los Angeles County registrar-recorder and county clerk.

The dispute has intensified during the final days of the 2026 midterm campaign. Republicans are striving to maintain control of both chambers of Congress. Voting in California has been underway since early October, with more than 6 million mail ballots already returned to election offices. The state has over 23 million registered voters. President Trump has repeatedly claimed that large numbers of noncitizens vote in U.S. elections, although confirmed instances remain rare. Federal law prohibits noncitizens from voting, and prosecutors have filed criminal charges against more than 200 individuals for past violations.

Last month, the Trump administration notified state and Los Angeles County officials that more than 20,000 suspected noncitizens appeared on voter rolls. The federal government ordered that ballots from these individuals be set aside until citizenship was confirmed. The Justice Department subsequently sent letters to all 58 California counties, providing lists of alleged noncitizens and demanding their ballots be segregated. State and local election officials raised concerns about the accuracy of the lists and the risk that U.S. citizens might be disenfranchised if they complied with the federal demand.

As Tuesday's election approaches, the administration has taken other steps to intervene. Federal prosecutors sent a letter to Washington Secretary of State Steve Hobbs, requesting mail ballots from more than 400 people they claim are not citizens. Hobbs stated that the list of alleged noncitizens contained many people who are actually U.S. citizens. The Justice Department also filed a suit to prevent Alaska from certifying the results of its Senate race if incumbent Republican Sen. Dan Sullivan loses to Democrat Mary Peltola. A judge ruled on that matter Sunday.