Supreme Court Rejects Trump Administration Request to Segregate 20,000 California Ballots Flagged as Likely Noncitizen

The Supreme Court on Monday denied the Justice Department’s emergency application to order California to set aside more than 20,000 mail ballots that federal officials identified as likely cast by noncitizens, hours after the request was filed.

The brief, unsigned order contained no noted dissents. Solicitor General D. John Sauer had asked the Court to require California to segregate the ballots pending citizenship verification, describing the step as a limited remedy to preserve the ballots while investigations continue. Lower courts had already rejected similar requests.

U.S. District Judge David O. Carter previously denied a temporary restraining order, stating that the late request would disrupt an election already underway. The Ninth Circuit, in a 2-1 ruling, likewise declined to order segregation, concluding that the federal government lacks authority to dictate state election procedures. The Supreme Court application had been assigned to Justice Elena Kagan.

The Justice Department identified the roughly 20,000 names by matching California voter rolls against federal immigration, Social Security, and passport records. Officials described the list as a high-confidence floor rather than a ceiling. California officials have disputed its accuracy and warned that segregation could risk disenfranchising eligible voters. Voting has been underway in the state since early October, with millions of mail ballots already returned.

The administration has pursued parallel efforts in other states, including expanded use of the SAVE database for citizenship checks. The Monday denial leaves the challenged California ballots subject to ordinary state processing and counting.