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Follow-Up: Judge Carter Denies DOJ Bid to Set Aside More Than 20,000 California Ballots: Governor Newsom and Attorney General Bonta Issue Statements

Wednesday, October 28, 2026 · California · GSM News

SACRAMENTO, California — California Governor Gavin Newsom and Attorney General Rob Bonta issued statements through the Governor's Office on the evening of October 28 in response to a ruling that evening by U.S. District Judge David Carter: Carter denied the U.S. Department of Justice (DOJ) request to set aside mail ballots from more than 20,000 California voters, and the ballots will be processed and counted as usual in the November 3 midterm elections.

In his 26-page ruling, Carter wrote: "Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch." He concluded: "Once a vote is segregated, lasting harm has occurred. If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger. This Court declines to be a party to such process." The ruling came after the Ninth Circuit Court of Appeals ruled 2-to-1 on October 26 against the Justice Department's emergency request; Carter held a hearing in Los Angeles on October 27 and ruled on the evening of October 28.

In his statement, Newsom said: "For the second day this week, our country's legal system is standing up to the President's authoritarian attempts to remain in power unchecked and unchallenged. For more than a year, California's sovereignty has been under siege, and this lawsuit is his latest attack on the rule of law, the California Constitution, and the U.S. Constitution."

Newsom added: "California will continue to deliver a free and fair election that follows both state and federal law, as the Judicial Branch — importantly a co-equal branch of government — is deciding in real time, much to the Trump Administration's dismay."

Bonta said in his statement: "No administration can disenfranchise thousands of individuals or disrupt an ongoing election based on highly unreliable claims of noncitizenship... today's ruling is yet another important victory for the rule of law and the right to vote. But this fight is not over. We will keep fighting to protect California's elections from unlawful federal interference and get this baseless lawsuit dismissed."

The case stems from the Justice Department's October 15 lawsuit against California and Los Angeles County, which alleged that more than 20,000 registered voters on a list it compiled are likely noncitizens and sought to have their mail ballots set aside before counting; California and intervening voting-rights groups argued that the list's matching method is likely unreliable. NPR has reported that the Justice Department is expected to appeal the ruling, and the case could ultimately reach the U.S. Supreme Court.

Related: Follow-Up: Federal Judge Carter Denies Justice Department Bid to Set Aside More Than 20,000 California Mail Ballots

Source: GSM · USA (original Chinese edition)

Photo: 图:加州州长加文·纽森(Gavin Newsom)在州长办公室记者会上。照片来源:加州州长办公室,2025年5月14日,公共领域,经 Wikimedia Commons 取得。 / Photo: California Governor Gavin Newsom at a Governor's Office press conference. Office of the Governor of California, May 14, 2025, public domain, via Wikimedia Commons.

Story Timeline
  1. 2026-10-13Justice Department Gives California 48 Hours to Review Alleged Noncitizen Voter List
  2. 2026-10-15Follow-Up: DOJ Sues California, Asking Court to Block Counting of Mail Ballots From More Than 20,000 Alleged Noncitizen Voters
  3. 2026-10-16Follow-Up: DOJ Warns California and LA County Officials They Could Face Federal Liability Over Disputed Mail Ballots
  4. 2026-10-19DOJ 'Operation Protect the Vote': 28 Green Card Holders Charged in California with Illegal Registration and Voting; 11 Arrested
  5. 2026-10-20Follow-Up: DOJ Seeks Emergency Restraining Order to Stop California Processing Ballots From 20,000-Name List
  6. 2026-10-20Update: California Attorney General Asks Federal Court to Deny DOJ Bid to Set Aside 20,000 Ballots
  7. 2026-10-20Follow-Up: DOJ Acknowledges 20,000-Name Voter List May Include U.S. Citizens, Governor's Office Says
  8. 2026-10-21Judge Who Rejected DOJ Voter Roll Demand Takes Over California Ballot Case: David Carter Replaces Trump Appointee
  9. 2026-10-22Follow-Up: DOJ Takes California Ballot Case to the Ninth Circuit, Calling Judge's Inaction a Constructive Denial
  10. 2026-10-23Follow-up: Details Emerge in California Voter Cases: Most of the 28 Green Card Holders Charged Were Applying for US Citizenship
  11. 2026-10-24Follow-Up: DOJ Sends 48-Hour Ballot-Segregation Letters to 57 California Counties, Warning Officials of Criminal Liability as Counties Push Back
  12. 2026-10-24Follow-Up: Ninth Circuit Orders California to Respond by Noon Saturday to DOJ Emergency Request on Ballots
  13. 2026-10-25Follow-Up: California Voter-List Fight Escalates: LA County Sample of 200 Finds Over Half Cancelled or Inactive; Ninth Circuit Hears Case Sunday Afternoon
  14. 2026-10-25Follow-Up: 9th Circuit Judges Question DOJ Lawsuit to Set Aside California Mail Ballots, Citing Elections Clause
  15. 2026-10-26Follow-Up: 9th Circuit Rejects DOJ Emergency Appeal 2-1 Over 20,000 California Mail Ballots, Sending Case Back to District Court
  16. 2026-10-26Follow-Up: Newsom Calls Ninth Circuit Ruling in Voter Ballot Case a 'Positive Development'
  17. 2026-10-27Follow-Up: Federal Judge Hears Arguments in Los Angeles on Justice Department Bid to Block Counting of 20,000-Plus California Mail Ballots
  18. 2026-10-28Follow-Up: Federal Judge Carter Denies Justice Department Bid to Set Aside More Than 20,000 California Mail Ballots
  19. 2026-10-28Follow-Up: Judge Carter Denies DOJ Bid to Set Aside More Than 20,000 California Ballots: Governor Newsom and Attorney General Bonta Issue StatementsThis story
  20. 2026-10-29Follow-Up: Federal Grand Jury Indicts 3 Foreign Nationals Who Registered to Vote in California, Charging False Statements on Naturalization Forms
  21. 2026-10-30Follow-Up: DOJ Issues Grand Jury Subpoenas to California Election Officials Seeking Records on Detecting Unlawful Voting
  22. 2026-10-30Follow-Up: Ninth Circuit Again Rejects Justice Department Emergency Bid 2-1: More Than 20,000 California Mail Ballots to Be Counted as Usual
  23. 2026-10-30Follow-Up: Newsom and Bonta Respond to Ninth Circuit Ruling, Calling It the Trump Administration's Third Failed Attempt This Week to Interfere in California's Election
  24. 2026-10-31Follow-Up: Judge Orders Justice Department to Stop Threatening Election Officials Over Noncitizen Voter List
  25. 2026-10-31Follow-Up: Newsom Warns California's Chief Federal Judges of Ballot-Seizure Warrant Risk
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