Explainer

Can the Justice Department make California set aside 20,000 ballots?

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The Justice Department sent a list of alleged non-citizens to Los Angeles County. Election officials refused, and two lower courts had already turned the request down.

Los Angeles County

Los Angeles

The department says 20,000 ballots should be set aside, because it flagged those voters as probably non-citizens. Its own lawyer agreed the list had a high error rate.

20,000

ballots the department wants set asideSource: BBC · 03.11.2026

Los Angeles County's clerk, Dean Logan, answered: The Department of Justice has not provided the underlying evidence, source, or methodology supporting its assertions that individuals identified in its records are ineligible to vote.

“The Department of Justice has not provided the underlying evidence, source, or methodology supporting its assertions that individuals identified in its records are ineligible to vote.”

Dean Logan

Judge Carter had warned that a change mid-election would cause chaos. With more than 6 million mail ballots already received in California, the Supreme Court refused on Monday, one day before Tuesday's vote, to separate the disputed ones.

6M

mail ballots already received in CaliforniaSource: BBC · 03.11.2026

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Supreme Court rejects Trump bid to set aside about 20,000 California mail ballotsRead the article

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