Judge May Appoint Special Master Over DOJ's Claim of 20,000 Noncitizen California Voters

U.S. District Judge David O. Carter said October 27, 2026 that he is considering a special master to independently review DOJ's claim that roughly 20,000 of California's 23 million registered voters are likely noncitizens, and whether counties could legally separate those voters' already-returned ballots — a request DOJ made after suing California election officials in mid-October. DOJ said it is not asking to void ballots but wants flagged names investigated before counting; Los Angeles County said over 3 million ballots had already been returned and could not be matched back to voters once unsealed, and that a small sample it checked turned out to be citizens.

Carter questioned why the department sued rather than pursuing criminal charges, telling DOJ's lawyer "you got a remedy for goodness sakes — go out and indict," and noted prosecutors had already charged 28 people with illegally registering to vote in California. He also said threats against election workers "should cease immediately."

Carter said he would rule October 28. The case remains before the district court even as a separate 9th Circuit panel rejected a related DOJ bid to sequester the same ballots on October 26. Voting concludes November 3, with results certified December 11.