Judge Considers DOJ's Request to Review Noncitizen Voter List Amidst California's Pushback
October 28, 2026
A federal judge heard arguments on the DOJ’s bid to halt counting ballots cast by about 20,000 suspected noncitizens in California, a move critics say could disenfranchise legitimate voters and delay certification.
The hearing also covered similar DOJ requests in Washington state and Alaska, signaling broader federal-state disputes over election procedures this cycle.
Los Angeles County and California officials challenged the DOJ list’s reliability and source, noting some names were citizens and raising data accuracy concerns.
Trump said he would accept election results if they are honest.
The outcome could lead to further legal steps and potentially higher court review over time.
The judge did not issue an order at the hearing and left open the possibility of appointing a special master, with a decision expected by the following midweek.
The judge emphasized decisions should be based on independent evaluation and cautioned against adopting federal procedures that could affect ongoing voting.
The judge warned against rushing a decision and suggested proceeding without independent review could improperly alter election procedures during voting.
The hearing occurred during ongoing California midterms, where alleged noncitizen voting has been a focal point despite data showing such occurrences are rare.
Data indicate noncitizen voting is exceedingly rare, and related lawsuits span three states.
Judge Carter stressed the need for an independent review of both sides and warned against threats to election workers, delaying any order.
The hearing also considered consequences for county clerks and whether noncitizen voting could lead to criminal prosecutions, with warnings about threats to election officials.
Summary based on 17 sources
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Sources

Reuters • Oct 28, 2026
US judge says he will rule Wednesday in lawsuit over California voter rolls
U.S. News & World Report • Oct 27, 2026
Judge Weighs Whether California Can Count up to 20,000 Ballots Disputed by US Government
HuffPost • Oct 28, 2026
Judge Skeptical Of DOJ Suit Over Alleged Noncitizens On Voting Rolls