California says measures that prevent suspected noncitizens from voting can disenfranchise voters.
Published November 2, 2026
President Donald Trump’s administration has asked the Supreme Court to prevent the state of California from counting mail-in ballots from more than 20,000 voters it says are not U.S. citizens.
The emergency request, filed Monday, the day before the midterm elections, is the latest development in a legal battle between the administration and California, a Democratic stronghold and the nation’s most populous state.
California says the measure could disenfranchise thousands of voters.
The Justice Department is requiring California to preserve the ballots of voters on a list compiled by the Department of Homeland Security until their citizenship can be verified.
But California says the list is unreliable and could include thousands of Americans.
Voting has been underway since early October, and state officials say it’s nearly impossible to isolate the ballots in question.
A federal judge last week denied the administration’s request, raising concerns about the reliability of the list’s data.
“Our democracy is at risk if the chief executive is able to threaten the continuation of an election by discounting votes based on unproven allegations,” Judge David Carter wrote.
A federal appeals court also rejected the request on Friday, prompting the administration to appeal to the Supreme Court.
The controversy comes as Republicans fight to maintain control of Congress in Tuesday’s election.
Although President Trump has repeatedly made false claims about widespread voter fraud, investigations and state audits have shown that ineligible votes, including those cast by non-citizens, are rare.
