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Judge to appoint special master in California voting case in setback to Trump admin

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Cite

Mallin, A., & Rodriguez, L. (2026, October 28). Judge to appoint special master in California voting case in setback to Trump admin. ABC News (US). https://abcnews.com/Politics/judge-appoint-special-master-california-voting-case-setback/story?id=137622503

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ABC News (US) · collected 2026-10-28 · by Alexander Mallin, Lissette Rodriguez

Quick Summary

Federal District Judge David O. Carter is set to appoint a special master to investigate the Justice Department's process for compiling a list of 20,000 voters it claims are likely non-citizens in California. This decision comes after the judge expressed skepticism towards the DOJ’s request for an emergency restraining order one week before the state's election. The ruling is seen as a setback for the Trump administration’s efforts to intervene quickly in the voting process, potentially complicating ballot counting and compliance with federal law regarding non-citizen voting.
Written by AI on 2026-10-28, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

On October 26, 2026, a panel of federal judges from the U.S. Circuit Court of Appeals questioned the legality and timing of the Justice Department’s demand that California set aside 20,000 mail ballots it suspects may have been cast by non-citizens ahead of the midterm elections. The appeals court expressed skepticism about the Trump administration's lawsuit against California over voter rolls, indicating doubts about the federal government’s authority to intervene before midterms. On October 31, a U.S. district judge in California ordered the Justice Department to stop demanding that election officials separate ballots from alleged non-citizens and refrain from threatening them with criminal prosecution for non-compliance. This ruling came just days before the midterm elections, which Republicans narrowly control in both the House of Representatives and Senate.

Written for “Judge Rejects DOJ Bid On California Ballots” on 2026-10-31, grounded in this article and the 43 other(s) covering the same event.

Story

📰 Judge Rejects DOJ Bid On California Ballots
Politics · 44 article(s) covering the same event. Compare every outlet's account →

Compared with similar articles

This article reads leans left and hedges 25% of its claims. Each row says how that neighbour differs.
Fox News
⚖️ Leans left Hedges 1 of 20 claims Outlet record 69/100
The Guardian
⚖️ Leans left Hedges 3 of 22 claims Outlet record 66/100
“The articles describe different aspects of an ongoing legal battle: one about federal prosecutors ordering California officials to set aside ballots, and another about a judge's decision on appointing a special master in response to DOJ's lawsuit.”
NBC News
⚖️ Leans right further right than this Hedges 2 of 18 claims Outlet record 60/100
“Article A describes the Department of Justice demanding cooperation from California counties, while Article B reports on a judge's decision regarding a legal case brought by the DOJ.”
Los Angeles Times
⚖️ Leans strongly left further left than this Hedges 10 of 55 claims Outlet record 95/100
“While both articles discuss legal actions taken by the Trump administration and California voting, they describe different stages of the proceedings: Article A mentions arguments in an appeals court, while Article B refers to a district judge's decision on appointing a special master.”
Fox News
⚖️ Leans left Hedges 1 of 17 claims Outlet record 69/100
“The articles describe different judicial rulings in separate voting cases, one involving Utah and the other California.”
Los Angeles Times
⚖️ Leans left Hedges 6 of 48 claims Outlet record 95/100
Times of India
Hedges 8 of 53 claims Outlet record 59/100
“The articles discuss different legal issues related to voting rights and prosecutorial authority in California, not the same specific incident.”
CBS News
⚖️ Leans left Hedges 5 of 41 claims Outlet record 66/100
The Straits Times
Hedges 2 of 18 claims Outlet record 66/100
The Guardian
Hedges 2 of 18 claims Outlet record 66/100
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
12
sentences that state something as happening or true
Uncertain
25%
3 of 12 hedged ("reportedly", "may", "according to")
Leaning
Leans left
of the writing, not the subject · beta estimate
Publisher signals
70/100
ABC News (US)'s corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
44
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-28 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

ABC News (US) · 1268 article(s) · 3 correction(s) detected
Running correction rate · 3 correction(s)

Who wrote this

Alexander Mallin
20 article(s) here · 1 carrying a prediction
🔮 Attorneys for former FBI Director James Comey are set to appear in court in Washington, D.C., Friday in their emergency push to have a federal judge dismiss the criminal allegations lodged against him by the Justice Department that accuse him of allegedly mishandling classified information more than a decade ago.
🔮 A House Democrat is asking congressional appropriators for guardrails that would prevent President Donald Trump from exploiting a loophole in federal law to buy the East Potomac Golf Course that he's been pushing to renovate with taxpyer funds.
🔮 "Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch," U.S .District Judge David Carter wrote in his Wednesday order.
🔮 Bill Essayli, a controversial Trump-installed leader of the U.S. Attorney's Office in the Central District of California, argued in the hearing that the administration was simply pushing for the state to be in compliance with federal law barring non-citizens from casting votes. But state officials and other legal advocates opposing the DOJ lawsuit countered that the litigation violated longstanding Constitutional principles mandating that states have control over their elections -- and could have chaotic consequences for the state in tabulating final vote counts in the weeks ahead.
🔮 I'm frustrated that I got it in the middle of the night, but I'm much more concerned that it's filed on the public record." The assistant U.S. attorney in the hearing, John Borchert, struggled repeatedly as Faruqui asked him to explain the government's conduct, which the judge said was unlike any case he had ever seen in the history of D.C.'s district court. Faruqui ultimately granted the request from Flores' and Benavides' attorneys to strike the amended complaint from the docket and said he would continue Tuesday's hearing to determine whether prosecutors established probable cause in their initial complaint filed last week. "Why today on this one case have you changed the entire history of how you charge cases?" Faruqui asked of Borchert.
🔮 She could not immediately be reached for comment on Tuesday.
🔮 "The United States seeks a court order to prevent Defendants from certifying the result of the November 2026 United States Senate election if '(1) [Dan S.] Sullivan does not win the election; and (2) had all votes cast for Daniel J. Sullivan been cast instead for [Dan S.] Sullivan and Alaska's rank-choice process played out accordingly, [Dan S.] Sullivan would have won the election.'"
🔮 Appeals court rejects Trump admin's voting lawsuit against California The court sent the suit back to a district court, which will hear it on Tuesday.
🔮 During a press conference on Monday, Deputy Attorney General Trent McCotter attracted some scrutiny when he acknowledged that the administration's list likely included errors, and that "there may be some names on there who it turns out ultimately are citizens.
🔮 In a follow-up post resharing the letter, Trump wrote "They will all go to jail for a long period of time!!!"
Also by Alexander Mallin
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 20 articles by Alexander Mallin →
Lissette Rodriguez
1 article(s) here · 1 carrying a prediction
🔮 Bill Essayli, a controversial Trump-installed leader of the U.S. Attorney's Office in the Central District of California, argued in the hearing that the administration was simply pushing for the state to be in compliance with federal law barring non-citizens from casting votes. But state officials and other legal advocates opposing the DOJ lawsuit countered that the litigation violated longstanding Constitutional principles mandating that states have control over their elections -- and could have chaotic consequences for the state in tabulating final vote counts in the weeks ahead.
The only article under this byline in the corpus.

Topics

California DOJ U.S. the Justice Department's the U.S. Attorney's Office

Subjects

DOJ ORG · 8× California GPE · 7× Carter PERSON · 4× Trump PERSON · 3× U.S. GPE · 2× Bill Essayli PERSON · 1× David O. Carter PERSON · 1× the Central District GPE · 1× the Justice Department's ORG · 1× the U.S. Attorney's Office ORG · 1×

Narrative

Judge Carter did not rule by the conclusion of the hearing on the DOJ request for a temporary restraining order against the state, though he appeared skeptical of the department's late-stage attempt to force what he described as a "monumental change" in California's ongoing administration of its election.
framing: mixed · carried by 1 article(s) · first seen 2026-10-28
🔮 Bill Essayli, a controversial Trump-installed leader of the U.S. Attorney's Office in the Central District of California, argued in the hearing that the administration was simply pushing for the state to be in compliance with federal law barring non-citizens from casting votes. But state officials and other legal advocates opposing the DOJ lawsuit countered that the litigation violated longstanding Constitutional principles mandating that states have control over their elections -- and could have chaotic consequences for the state in tabulating final vote counts in the weeks ahead.

Claims (12 extracted, 3 hedged)

Judge to appoint special master in California voting case in setback to DOJ's attempt to quickly intervene asserted
Judge → appoint → attempt
The judge appeared skeptical of the DOJ's request for a restraining order. asserted
judge → appear → order
The federal district judge overseeing the Justice Department's lawsuit asking California to segregate roughly 20,000 ballot belonging to individuals it claims are "likely" noncitizens appeared skeptical of the DOJ's efforts to seek emergency action just a week from the state's election. uncertain
it → oversee → election
U.S. District Judge David O. Carter said in court Tuesday he intends to appoint a special master to probe DOJ's process that led it to compile the list of alleged 20,000 likely non-citizens, dealing a setback to the Trump administration's attempt to quickly intervene in the election. asserted
that → say → election
Judge Carter did not rule by the conclusion of the hearing on the DOJ request for a temporary restraining order against the state, though he appeared skeptical of the department's late-stage attempt to force what he described as a "monumental change" in California's ongoing administration of its election. asserted
he → rule → election
Carter told the parties he intends to issue some kind of ruling governing proceedings on the case moving forward by tomorrow. asserted
he → tell → tomorrow
Bill Essayli, a controversial Trump-installed leader of the U.S. Attorney's Office in the Central District of California, argued in the hearing that the administration was simply pushing for the state to be in compliance with federal law barring non-citizens from casting votes. But state officials and other legal advocates opposing the DOJ lawsuit countered that the litigation violated longstanding Constitutional principles mandating that states have control over their elections -- and could have chaotic consequences for the state in tabulating final vote counts in the weeks ahead. uncertain
states → instal → weeks
Notably in closing out the hearing, Judge Carter appeared to admonish the administration over its recent letters to state officials around California suggesting it could prosecute them if they are involved in tabulating ballots that could be from the list of alleged likely noncitizens. uncertain
that → close → noncitizens
"This court believes it would be wise that any threats to state and county elected employees cease immediately," Carter said. asserted
Carter → believe → employees
On Monday, a federal appeals court rejected a request from the DOJ to issue an order requiring California to set aside the 20,000 ballots from its list, kicking the back to the district court. asserted
court → reject → court
Earlier this month, the DOJ filed suit against California, accusing the state of failing to review the list of alleged noncitizens that the Trump administration claimed were sent mail-in ballots for next week's midterm election. asserted
administration → file → election
In court papers filed earlier last week, Los Angeles officials said a preliminary analysis of 200 of the names on the 20,000-person list, included a "high percentage" of individuals who say they were born in the U.S. and many more who have no voting history at all. asserted
who → file → history
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