Justice Department Drops Lawsuit Seeking to Sequester Disputed Ballots in California

The U.S. Department of Justice has dismissed its lawsuit seeking to compel California to set aside roughly 20,000 ballots it alleged were submitted by noncitizens. The move came days after Republicans experienced losses in the midterm elections and approximately one week before a scheduled hearing where a special master was to evaluate the accuracy of the list of alleged noncitizens. California officials had maintained the list was outdated and contained legitimate voters, a position echoed by the presiding federal judge.

The lawsuit, filed in mid-October after ballots had already been sent to the state’s 23 million registered voters, aimed to prevent the counting of ballots purportedly cast by noncitizens. Bill Essayli, the top federal prosecutor in Los Angeles, had argued the lawsuit’s purpose was to “safeguard the integrity of the election” and prevent “illegal voting.” The Department of Justice asserted that, by the time of the hearing, the challenged ballots would have been “commingled” with valid ones, rendering its requested relief unattainable.

California had processed roughly 9 million ballots and still had nearly 5 million left to count as of Friday. The Department of Justice is also involved in ongoing litigation with immigrant and voting rights groups regarding the use of its list of suspected noncitizens. A separate lawsuit filed by the administration in Alaska, attempting to block the victory of a Democratic Senate candidate, was swiftly dismissed by a federal judge, and is currently being appealed. In recent weeks, California prosecutors have arrested over 30 noncitizens accused of illegally registering to vote.

Background

• The U.S. Department of Justice, led by an Attorney General, is responsible for enforcing federal laws and administering justice [background knowledge].
• In mid-October, the Department of Justice filed a lawsuit seeking to sequester approximately 20,000 ballots in California, alleging they were submitted by noncitizens [Fact Refinery, 2026-11-06].
• California Governor Gavin Newsom commuted all death sentences in the state, and Nithya Raman was elected mayor of Los Angeles [Fact Refinery, 2026-11-06].
• Following midterm election losses, several DOJ officials resigned, including Jason Reding Quiñones and John Eisenberg [Fact Refinery, 2026-11-06].

Our reading

Our reading is the Department of Justice’s decision to drop the California lawsuit appears to be a strategic retreat following Republican losses in the midterm elections and facing a legal challenge it was unlikely to win. The stated reason, commingling of ballots, feels like a convenient justification, given the impending hearing and the judge’s skepticism. The parallel dismissal of the Alaska lawsuit and the recent flurry of DOJ personnel changes suggest a broader shift in priorities or a response to political pressure.

What to watch

• The outcome of the appeal in the Alaska Senate race lawsuit, to see if the DOJ continues to pursue challenges to election results [Department of Justice website].
• The results of the ongoing litigation between the DOJ and immigrant/voting rights groups regarding the list of suspected noncitizens, to assess the future use of this data [Court records].
• Any further arrests of noncitizens accused of illegal voter registration in California, which could bolster or undermine claims of widespread fraud [California Department of Justice press releases].

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