Voting Rights · Report · File No. 261028-683
Courts to rule on Trump's election push as DOJ sues Alaska and California before Nov. 3
The Justice Department has sued Alaska and California and made demands of Washington state, all within days of Election Day. Judges are expected to rule quickly, and the fights could reach the Supreme Court.
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Less than a week before Election Day, President Donald Trump's Justice Department (DOJ) is asking courts to step into how states run and count their elections. The cases could quickly reach the U.S. Supreme Court. 1
Over the past two weeks the DOJ sued Alaska and California. On Monday it also demanded that Washington state election officials pull aside ballots from 400 alleged noncitizens. 1
California: a first loss for DOJ
In California, the DOJ wants officials to set aside ballots from about 20,000 people that federal agencies flagged as likely noncitizens, until their citizenship is verified. It relies on a federal criminal law against noncitizen voting. 12 California and Los Angeles County argue that law gives DOJ no power to change how ballots are counted. 2
On Monday a three-judge panel of the 9th U.S. Circuit Court of Appeals refused the DOJ's request for an emergency order. The vote was 2-1, and the panel ruled on procedural grounds because the DOJ had not given the trial judge enough time to act. 1
From Channel GOPTrump on the Alaska ballot and the DOJ suitDonald Trump · 224 plays · captioned, with the source named
Judge Mark Bennett, a Trump appointee, wrote separately that he would also deny the request on the merits. He said the administration offers "no workable plan" for setting aside ballots, and that the evidence the people listed are noncitizens is contested. 1
The trial judge, David Carter, held a hearing Tuesday and said he would rule Wednesday. Whatever he decides is almost certain to be appealed. 1 The DOJ had already filed a notice of appeal on Oct. 22 before he ruled. 2
Alaska: a suit over certifying the vote
In Alaska, the DOJ sued ahead of the vote to block state officials from certifying the U.S. Senate result if Republican Sen. Dan Sullivan loses to Democrat Mary Peltola by fewer votes than go to a candidate with the same name, Dan J. Sullivan. Trump has said the DOJ acted at his direction. 1
Peltola's campaign and the Democratic Senatorial Campaign Committee want the case dismissed fast. Alaska's lawyers asked Judge Sharon Gleason to rule by Monday, and she has ordered briefs on an accelerated timeline. 1
What Trump and Democrats say
Asked Tuesday whether he will respect the midterm results, Trump said the following. 1
I will if they’re honest.
Sen. Alex Padilla, a California Democrat, said the administration has no authority to interfere in his state's elections. 1
The Trump administration is afraid and desperate. Their attempts to take over our elections will fail
Studies have consistently shown noncitizen voting is rare. Even if all 20,000 people on the DOJ's list were noncitizens, that would be about 0.08% of California's nearly 23.2 million registered voters. 1
What happens next
Previous administration efforts this year have largely failed. The Supreme Court blocked proposed limits on mail ballots, and federal courts have turned back DOJ attempts to obtain state voter rolls. 1
The Supreme Court is also generally reluctant to allow big election changes close to Election Day under the Purcell principle, which warns against changes that could confuse voters. 1
Georgetown law professor Steve Vladeck wrote that the suits are meant to have theories and filings in place so results can be attacked if they don't come out the "right" way. That matters because it suggests the goal may be doubt, not a court win. 1
The Record
- DOJ filed a notice of appeal in its California ballot case before Judge David Carter had ruled on its emergency request 2
- A 9th Circuit panel voted 2-1 to dismiss the DOJ's emergency appeal over 20,000 California ballots; DOJ demanded Washington set aside 400 ballots 1
- Judge Carter held a hearing and said he would rule Wednesday; Trump said he will respect results 'if they're honest' 1
Sources
- Stateline, “Courts to decide fate of Trump's latest push to control voting as Election Day nears” (2026-10-28). stateline.org/2026/10/28/repub/courts-to-decide-fate-of-trum
- Democracy Docket, “Trump DOJ appeals California ballot case before judge even rules” (2026-10-22). democracydocket.com/news-alerts/trump-doj-appeals-california
Found an error? Tell the newsroom. Corrections are noted at the top of the story.
More from the files
Democrats prepare for election interference as DOJ targets Alaska, California, Washington
With a week left before the Nov. 3 midterms, Democrats and their lawyers say the Justice Department's pre-election moves could set up challenges to the vote count. The department says it is only enforcing election law.
DOJ calls a narrow Peltola win in Alaska a 'tainted victory' in suit over namesake
The Justice Department says a close Democratic win in Alaska's Senate race would be 'tainted' by a second candidate named Sullivan. A judge plans to rule by Thursday, days before the Nov. 3 election.
Vance calls Alaska ballot placement 'electoral fraud' as DOJ suit nears the vote
The vice president defended a Justice Department suit that could block certification of Alaska's Senate result if Republican Dan Sullivan loses. Alaska's courts have already let the second candidate stay on the ballot.
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