Supreme Court Rejects DOJ Bid to Discard 20,000 California Ballots
The Supreme Court denied DOJ’s petition to exclude more than 20,000 California ballots without dissent.
Why it matters: This highlights the Court's reluctance to interfere in state election processes, underscoring judicial caution amid politically charged voting disputes. Legal professionals should note the continued deference to state election authority during federal challenges.
- On November 2, 2026, the Supreme Court unanimously denied DOJ’s emergency request to segregate ballots from alleged noncitizen voters in California.
- Prior federal rulings from a district court and the Ninth Circuit also rejected DOJ’s attempt to separate these ballots from the count.
- California officials argued that the DOJ’s list contained errors and that separating ballots risked disenfranchising legitimate voters.
- Since January 2025, the DOJ has charged 180 individuals with illegal voting nationwide, with over 130 cases filed since September 2026.
- The Supreme Court order was issued without explanation or invite for state response, reflecting rapid and firm judicial decision-making.
On November 2, 2026, the U.S. Supreme Court rejected a Department of Justice petition seeking to exclude more than 20,000 California ballots. The DOJ claimed these ballots were cast by noncitizens but the Court issued an unsigned order denying the request without dissent or further briefing.
Before reaching the Supreme Court, a federal district judge and the Ninth Circuit Court of Appeals had also refused to allow the DOJ to segregate ballots—meaning placing them aside from the general count while challenges proceed. Experts explain this process aims to set contested ballots apart to avoid mixing them with undisputed votes, but in this case, California officials warned it could wrongly prevent valid ballots from counting.
California argued the DOJ's list of alleged noncitizen voters contained significant inaccuracies, raising the risk of wrongful exclusion. Governor Gavin Newsom criticized the DOJ's emergency filing as "disruptive and unsupported by evidence." The Court’s decision came without inviting the state to respond, highlighting the justices' swift and unanimous decision-making.
The DOJ emphasized its broader effort to protect election integrity, noting charges against 180 individuals accused of illegal voting since January 2025, with more than 130 cases initiated since September 2026 in various states. DOJ spokesperson Kiersten V. Pels stressed federal monitors adhere to state polling rules and do not interfere directly with voting.
This case underscores ongoing tensions between federal election enforcement and state election administration. The Supreme Court’s unsigned, unexplained denial signals strong judicial caution against controlling state voting procedures, especially close to election day, reinforcing state authority over vote counting amid numerous election-related lawsuits nationwide.
By the numbers:
- 20,000+ ballots—DOJ sought exclusion of alleged noncitizen votes in California
- 180 illegal voting charges—DOJ filed nationwide since January 2025
- 130+ charges—filed by DOJ since September 2026 as part of election enforcement
Yes, but: While the Supreme Court swiftly denied the DOJ's petition, the lack of an explanation leaves unresolved legal questions about federal authority in election oversight.
What's next: Legal challenges over election administration in California and other states may continue as election integrity remains a contentious issue in upcoming election cycles.