Trump Administration Urges Supreme Court to Intervene in California Ballot Dispute
The Trump administration requests the Supreme Court to prevent California from counting approximately 20,000 ballots cast by noncitizens, just one day before the midterm elections.
The Trump administration has taken a decisive step towards resolving a contentious issue surrounding California’s midterm election ballots, requesting the intervention of the Supreme Court. This move comes just one day before the midterm elections, aiming to halt California from counting around 20,000 ballots cast by individuals who are not citizens 123456.
U.S. Solicitor General D. John Sauer filed a 19-page document on behalf of the administration, seeking to separate these ballots until citizenship verification could be completed 1. This action follows previous denials by both U.S. District Judge David Carter and the 9th Circuit Court of Appeals, which had rejected the administration’s earlier attempts at securing temporary orders and emergency relief 15.
The Trump administration characterizes its request as a 'modest remedy' that would not invalidate any votes, emphasizing that California’s injury would continue to grow until November 10, due to the state’s extended deadline for mail ballot receipt 15. Furthermore, the administration points out that California’s election laws permit the segregation of challenged ballots, aligning with the state’s established procedures for questioning voter citizenship status 15.
Legal experts, such as Walter Olson from the Cato Institute, have critiqued the Justice Department’s lawsuit for its weak legal basis, while a judge noted the federal government’s attempt to compel California to deviate from its own electoral processes 5. Additionally, the 9th Circuit Court of Appeals highlighted that federal law concerning noncitizen voting does not supersede the states’ authority to oversee their elections 5.
This latest development underscores the ongoing tension between federal and state governance in the realm of elections, particularly as the midterm elections approach. It remains to be seen whether the Supreme Court will grant the Trump administration’s request, potentially reshaping the outcome of the California midterm results.
What we know
- The Trump administration requested the Supreme Court to intervene in a dispute over California ballots 123456
- The administration seeks to prevent California from counting ballots cast by more than 20,000 noncitizens 123456
- About 20,000 ballots are involved in this request 123456
- The request was made on the day before the midterm elections 245
- U.S. Solicitor General D. John Sauer filed a 19-page document requesting the order 1
- The filing aims to keep ballots separate until citizenship verification can occur 1
- U.S. District Judge David Carter previously denied the administration's request for a temporary order 1
- The 9th Circuit Court of Appeals also rejected the Trump administration's motion for emergency relief 1
- The Trump administration describes its request as a 'modest remedy' that would not invalidate any votes 5
- A judge criticized the federal government for attempting to force California to abandon its own election procedures 5
- The 9th Circuit Court of Appeals stated that the federal law regarding noncitizen voting did not override states' rights to manage their own elections 5
- Legal experts, including Walter Olson from the Cato Institute, criticized the Justice Department's lawsuit for lacking a strong legal foundation 5
- California's deadline for receiving mail ballots is a week after election day 1
- The Trump administration believes California's injury will increase until November 10 1
- Solicitor General Sauer suggests California's election laws allow for the segregation of challenged ballots 1
- California has established procedures for challenging voters' citizenship status 5
Verification report
Likely accurate — probability of truth 80%, weighted across 16 claims from 6 independent outlets. Since the first report: 81% → 80%, outlets 5 → 6.
- confirmed The Trump administration requested the Supreme Court to intervene in a dispute over California ballots. (97%)
- confirmed The Trump administration seeks to prevent California from counting ballots cast by more than 20,000 noncitizens. (97%)
- confirmed Approximately 20,000 ballots are involved in this request. (97%)
- confirmed The request was made on the day before the midterm elections. (94%)
- likely U.S. Solicitor General D. John Sauer filed a 19-page document requesting the order. (72%)
- likely The filing aims to keep ballots separate until citizenship verification can occur. (72%)
- likely U.S. District Judge David Carter previously denied the administration's request for a temporary order. (72%)
- likely The 9th Circuit Court of Appeals also rejected the Trump administration's motion for emergency relief. (72%)
- likely The Trump administration describes its request as a 'modest remedy' that would not invalidate any votes. (71%)
- likely A judge criticized the federal government for attempting to force California to abandon its own election procedures. (71%)
- likely An appeals court stated that the federal law regarding noncitizen voting did not override states' rights to manage their own elections. (71%)
- likely Legal experts, including Walter Olson from the Cato Institute, criticized the Justice Department's lawsuit for lacking a strong legal foundation. (71%)
- likely California's deadline for receiving mail ballots is a week after election day. (72%)
- likely The Trump administration believes California's injury will increase until November 10. (72%)
- likely Solicitor General Sauer suggests California's election laws allow for the segregation of challenged ballots. (72%)
- likely California has established procedures for challenging voters' citizenship status. (71%)
Sources
- SCOTUSblog — Trump administration asks Supreme Court to intervene in California ballots dispute
https://www.scotusblog.com/2026/11/trump-administration-asks-supreme-court-to-intervene-in-california-ballots-dispute/ - PBS NewsHour — Trump administration asks Supreme Court to sideline 20,000 disputed California mail ballots
https://www.pbs.org/newshour/politics/trump-administration-asks-supreme-court-to-sideline-20000-disputed-california-mail-ballots - NYT U.S. — Trump Administration Asks Supreme Court to Intervene in California Ballot Case
https://www.nytimes.com/2026/11/02/us/politics/trump-supreme-court-california-ballots.html - NPR Politics — DOJ asks for Supreme Court to intervene on California ballot demands
https://www.npr.org/2026/11/02/nx-s1-6023802/supreme-court-california-voting-ballots-trump - Courthouse News — Trump asks Supreme Court for help in bid to set aside California ballots
https://www.courthousenews.com/trump-asks-supreme-court-for-help-in-bid-to-set-aside-california-ballots/ - CBS News — Trump administration asks the Supreme Court to set aside ballots from 20,000 alleged noncitizens
https://www.cbsnews.com/video/trump-administration-asks-the-supreme-court-to-set-aside-ballots-from-20000-alleged-noncitizens/