Trump administration asks Supreme Court to set aside 20,000 California ballots on citizenship doubts

On the eve of the November midterm elections, the Trump administration asked the U.S. Supreme Court to intervene in California’s voting process. The Justice Department wants state officials to set aside about 20,000 ballots that it suspects belong to non‑citizens until their status can be confirmed.

The request follows two lower‑court rulings that denied immediate orders to separate the ballots. The administration framed the action as a modest remedy that would not cancel any votes, arguing that counting disputed ballots before confirming their legality could undermine public confidence.

Legal arguments and opposition

U.S. Solicitor General John Sauer argued that counting ballots before determining their legality would threaten democratic stability. He said segregating ballots is a routine remedy when legality is in question. California officials, however, called the demand illegal and pointed out that the Constitution gives states the right to run their own elections. A judge rebuked the federal government for trying to coerce the state to abandon its procedures.

Broader federal election lawsuits

The California suit is part of a larger effort by the Justice Department to challenge state election processes ahead of the midterms. Similar lawsuits have been filed in Washington state over alleged non‑citizen voting, and the administration has sued Alaska to block certification of a Senate race if a Democrat wins.

What this means for voters

For ordinary Californians, the request could mean that ballots from voters whose citizenship is questioned might be set aside and examined before being counted. The state’s existing process for challenging voter eligibility would still apply, but the federal government is seeking to create a separate procedure on election day. No deadline or specific steps for voters are mentioned in the filing.

When to consider legal help

Anyone who receives notice that their ballot is being held for citizenship verification should consider consulting an attorney, especially if they need assistance navigating state and federal election laws.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published November 2, 2026.