DOJ Smacks Down Judge In Massive 20,000 Ballot Bid
The Justice Department skipped a federal judge to file an emergency appeal. They also sent letters to 57 counties about 20,000 suspected noncitizen ballots.
Trending Newsfeed Staff Writer · Oct 26, 2026 · 2 min read
Friday, the Department of Justice submitted an emergency motion to the 9th Circuit Court of Appeals seeking to circumvent a California federal judge. This move targets up to 20,000 vote-by-mail ballots the government says were sent to likely noncitizens. RedState reported the filing came after state officials ignored earlier requests to hold these ballots. The administration is now taking direct legal action to stop the counting of these specific votes.
This isn’t just a legal technicality; it affects the integrity of every election in your state. The DOJ sent letters to 57 of California’s 58 counties on Friday demanding they act immediately. These letters signal a major escalation in the effort to prevent ballots from suspected noncitizens from being counted. You need to know that federal officials are now threatening legal consequences for local election workers who ignore these warnings.
The 48-Hour Ultimatum
First Assistant U.S. Attorney Bilal Essayli sent a specific list of 1,133 names to San Bernardino County last week. He told county officials they have a very short window to sort out who is a citizen and who is not. This tight deadline shows how urgent the federal government views this potential fraud.
The attorney made it clear that continuing to count these votes could lead to serious trouble for local officials. NBC News noted that the letters warn any official who knowingly processes these ballots faces legal jeopardy. The message is simple: do not count these votes until citizenship is proven.
A Legal Battle Over Ballot Segregation
The federal government wants these specific ballots set aside, not destroyed, until the citizenship status is checked. This means the votes stay in a secure place while the investigation happens. It is a middle ground that stops the count without throwing away the paper trail.
US Attorneys representing four California districts unveiled Operation Protect the Vote on October 19, accusing 28 permanent legal residents of illegal registration. The DOJ filed an emergency motion that same day asking a judge to order state officials to segregate these ballots. By October 20, Trump-appointed Judge John Holcomb had been assigned the case but was quickly replaced. On October 21, Judge David Carter, a Clinton appointee, took over the case under related case rules.
Senator remarks reported by NBC News indicate that Trump’s DOJ has offered no evidence supporting their allegations of widespread voter fraud. Yet the federal government is moving fast to enforce these rules across the state. Voting in a federal election while an alien constitutes a federal crime, and aiding such actions is likewise illegal. This is a direct challenge to local election practices that many voters have long suspected were flawed.