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Likely False: The Justice Department is going to throw out California mail ballots.

California Updated

No court has ordered any California ballot thrown out.

The rumor: Likely False “The Justice Department is going to throw out California mail ballots.”

The facts: The Justice Department sued California on Oct. 15 and asked a federal judge for an emergency order making the state set aside, not count, returned mail ballots from more than 20,000 people it calls likely noncitizens until their citizenship is confirmed. Judge David O. Carter, who dismissed DOJ's earlier suit for California voter data in January, now has the case and set a hearing for Tuesday, Oct. 27 at 1 p.m. in Los Angeles. California has moved to dismiss, and Los Angeles County says it has no legal authority to withhold a registered voter's ballot over a third party's citizenship claim. If you vote by mail in California, return your ballot and track it on the Secretary of State's site.

How this story developed

  1. LA County Registrar Dean Logan also moves to dismiss DOJ's suit, with a hearing set for Oct. 30. Attorneys general from 21 states and D.C., led by Washington, file a brief backing California, saying states, not the president, run elections.
  2. DOJ asks Judge Carter to rule faster on its emergency request, citing LA County's statement that it has processed more than 331,000 mail ballots and cannot link a ballot to a voter once opened. The hearing stays set for Oct. 27. No ballot has been set aside.
  3. Judge Carter sets a hearing for Tuesday, Oct. 27 at 1 p.m. in Los Angeles on DOJ's emergency request and on two groups' motions to intervene. California moves to dismiss the suit. No ballot has been set aside.

Sources

  1. AP via ABC News: DOJ letter and 48-hour deadline, Oct 14 News report Checked Archived copy
  2. CBS News: LA County will not open the thumb drive, Oct 14 News report Checked Archived copy
  3. AP via PBS NewsHour: DOJ threatens legal action, Oct 14 News report Checked Archived copy
  4. ABC News: DOJ sues California, Oct 15 News report Checked Archived copy
  5. US Attorney, Central District of California: lawsuit filed, Oct 15 Official election source Checked Archived copy
  6. CBS News: lawsuit details and state response, Oct 15 News report Checked Archived copy
  7. Court docket 2:26-cv-12025: California objects to related-case notice, Oct 15 Primary document Checked
  8. Court docket 2:25-cv-09149: Judge Carter dismissed DOJ voter data suit, Jan 15 Primary document Checked
  9. AP via PBS NewsHour: DOJ sues; Bonta says state will not hold ballots, Oct 15 News report Checked Archived copy
  10. CalMatters: DOJ sues California; Newsom and Logan respond, Oct 15 News report Checked Archived copy
  11. Court filing: LULAC and NAACP motion to intervene, 2:26-cv-12025, Oct 16 Primary document Checked Archived copy
  12. AP via PBS NewsHour: DOJ warns officials who count flagged ballots, Oct 16 News report Checked Archived copy
  13. ABC News: DOJ threatens to prosecute LA election workers; Trump repost, Oct 16 News report Checked Archived copy
  14. U.S. v. California, Dkt. 21: DOJ objects to related case notices, Oct 18 Primary document Checked
  15. Common Cause v. DOJ docket: appeal filed, DOJ ordered to respond, Oct 16 Primary document Checked
  16. States Newsroom: DOJ to appeal, must answer judge by Oct 19, Oct 16 News report Checked
  17. CourtListener: DOJ application for TRO and preliminary injunction, Oct 19 Primary document Checked
  18. City News Service via Patch: DOJ seeks emergency order, no hearing set, Oct 19 News report Checked Archived copy
  19. Courthouse News: DOJ files emergency motion to set aside ballots, Oct 19 News report Checked Archived copy
  20. NPR: Election tensions escalate in California as DOJ charges 28, Oct 19 News report Checked Archived copy
  21. Bloomberg: California urges judge to reject DOJ ballot suit, Oct 20 News report Checked
  22. Court record: LA County opposes DOJ ballot hold, finds list unreliable, Oct 20 Primary document Checked
  23. Court record: California opposes DOJ emergency ballot request, Oct 20 Primary document Checked
  24. CourtListener: case assigned to Judge John W. Holcomb (Dkt. 34), Oct 20 Primary document Checked
  25. CourtListener: LULAC and NAACP opposition to DOJ TRO (Dkt. 37), Oct 20 Primary document Checked
  26. City News Service via KESQ: Holcomb assigned, no hearing set, Oct 20 News report Checked Archived copy
  27. CalMatters: California fights suit to set aside 20,000 ballots, Oct 20 News report Checked Archived copy
  28. CourtListener: DOJ objects to LULAC, NAACP intervention motion, Oct 20 Primary document Checked
  29. CourtListener: Order moving case to Judge David O. Carter, Oct 21 Primary document Checked
  30. CourtListener: California motion to dismiss DOJ suit, Oct 21 Primary document Checked
  31. CourtListener: states seek to file amicus brief, Oct 21 Primary document Checked
  32. Democracy Docket: Judge Carter takes over California ballot case, Oct 21 News report Checked Archived copy
  33. Court filing: DOJ asks for expedited ruling on ballot TRO, Oct 21 Primary document Checked
  34. Court filing: LA County Registrar moves to dismiss, hearing Oct 30, Oct 21 Primary document Checked
  35. Oregon DOJ: 22 attorneys general back California in ballot suit, Oct 22 Official election source Checked Archived copy