Judge sets Wednesday deadline for ballot ruling

A federal judge in Los Angeles will decide by Wednesday whether to hold 20,000 mail-in ballots for voters the government suspects are non-citizens. The ruling comes one week before Election Day and follows a contentious hearing where the judge signaled he may deny the emergency request.

U.S. District Judge David O. Carter heard arguments from the Department of Justice and California officials on Tuesday. He appeared hesitant to grant a temporary restraining order, telling federal lawyers that they have a standard legal remedy available. "You've got a remedy for goodness sake," Carter said. "Go out and indict."

The judge noted that election officials have until December 3 to certify results. He suggested this timeline removes the need for immediate intervention. Bill Essayli, the top federal prosecutor in the Los Angeles area, argued the government found credible evidence of non-citizens on the rolls. He accused state officials of mixing lawful and unlawful ballots. An attorney for the state countered that the federal data was unreliable.

The 9th Circuit Court of Appeals refused to hear an emergency appeal on Monday. A three-judge panel sent the case back to Carter, expressing concern that the administration appealed before the district judge ruled. Judge Mark Bennett questioned the logic of the request. "I just don't see (federal law) telling California how to do the sorting," Bennett said.

Gov. Gavin Newsom welcomed the appellate decision. He called it a speed bump to the administration's attacks on democracy. Attorney General Rob Bonta stated that the Constitution gives states the power to manage elections. He argued the president overstepped his authority by ordering the state to purge voter rolls.

The Justice Department claims California has 190,000 non-citizens on its voter rolls. State officials say they asked for evidence in July but received nothing. The county argues it lacks the legal authority to freeze ballots while verifying citizenship. The lawsuit is assigned to the same judge who previously dismissed a federal bid to seize California's full voter registration list.