---
title: "Federal judge weighs appointment of special master to investigate voter allegations"
url: https://newscentral.site/federal-judge-weighs-appointment-of-special-master-to-investigate/
language: en
publisher: "News Central Site"
section: "Politics"
published: 2026-10-28T02:50:22.000Z
updated: 2026-10-28T15:26:05.276Z
id: fb0b016a-2d64-482b-9e11-d65755c0df6e
source: "ABC News Politics https://abcnews.com/Politics/wireStory/special-master-evaluate-justice-departments-claims-noncitizens-california-137616222"
attribution: "Link to https://newscentral.site/federal-judge-weighs-appointment-of-special-master-to-investigate/ and name News Central Site when you quote or summarize this story."
---

# Federal judge weighs appointment of special master to investigate voter allegations

A federal judge is considering whether to appoint a special master to investigate allegations by the Trump administration that up to 20,000 noncitizens are registered to vote in California.

A federal judge is weighing the appointment of a special master to investigate allegations by the Trump administration that up to 20,000 noncitizens are registered to vote in California.

The move comes as part of a lawsuit filed by the Justice Department, which seeks to prevent the state from counting ballots from individuals deemed ineligible to vote. The federal judge overseeing the case has expressed concerns about making a decision without an independent assessment of the claims made by both sides.

A special master would be tasked with evaluating the substance of the allegations and determining whether counties can separate any ballots belonging to noncitizens, ensuring that only valid votes are counted in California's electoral process. The move aims to provide a more thorough examination of the issue before the state certifies its election results on December 11.

The scope of the alleged noncitizen voters is relatively small compared to California's total voter population of over 23 million people, but the implications of such findings remain unclear. If a special master confirms the existence of a substantial number of ineligible voters on the Justice Department's list, it could potentially affect the certification of California's election results.

California's midterm election has been in full swing for weeks, with voters casting their ballots as the state prepares to conclude its electoral process next Tuesday.

The alleged presence of noncitizens on California's voter rolls has become a contentious issue, particularly under the Trump administration's scrutiny, although available data suggests such occurrences are extremely rare.

A lawsuit filed by the Republican administration in mid-October accused election officials in California of failing to meet a 48-hour deadline to review its list of approximately 20,000 individuals suspected of being noncitizens on the state's voter rolls.

In addition to California, similar concerns have been raised in Washington state and Alaska. In Washington, the Justice Department has requested that the state sequester ballots submitted by hundreds of people it suspects are not U.S. citizens. Meanwhile, a separate lawsuit filed in Alaska seeks to delay certification of the vote if the Republican incumbent running for U.S. Senate does not secure victory.

The judge overseeing the California case has expressed reservations about intervening at this stage, citing concerns that such actions could be seen as an unlawful alteration of election procedures while voting is underway.

The special master overseeing the California case may also investigate claims by the state that separating noncitizen voters from its rolls is logistically impossible by December's election certification deadline.

This assertion has been contested by the federal government, which argues that it can be done in time. The judge presiding over the hearing expressed skepticism about why the federal government chose to sue California rather than pursuing alleged voting irregularities through criminal prosecutions.

In fact, just last month, 28 people were arrested across California for allegedly registering to vote illegally. Prosecutors argued that preventing noncitizens from casting ballots is a matter of national interest and that intervention is necessary before election day.

The judge's tone turned stern when addressing warnings about potential consequences for local county clerks who fail to comply with federal demands, saying it would be wise for such threats to cease immediately.

The Justice Department's demands for California officials to remove 20,000 flagged voters from the rolls have been met with resistance, with Essayli arguing that the process would not significantly disrupt the ongoing election.

Essayli emphasized that the government is seeking to work collaboratively with state officials to "safeguard" the election, rather than voiding any already cast ballots. He stated that testimony will be provided on how the list of flagged names was compiled, highlighting its importance in this case.

The credibility of these 20,000 names is crucial, Essayli argued before the judge, emphasizing that California has an obligation to investigate before counting those voters' ballots. The state's officials have repeatedly emphasized their commitment to ensuring the integrity of the election process.

California officials pointed out that once a completed mail ballot is returned, it becomes separated from its envelope, making it impossible to distinguish between already submitted and new ballots. This raises concerns about how the federal government can accurately identify and remove noncitizen voters from the rolls without disrupting the election.

Lawyers for California and Los Angeles County questioned the reliability of the list, citing that the federal government has not provided information on how or when they obtained the voter file, leaving open the possibility of inaccuracies. They also raised concerns about the reliance on a private service to verify Social Security numbers used in their investigation.

In a recent court hearing, Los Angeles County officials revealed that a small sample of individuals on the federal government's list of noncitizens allegedly voting in California were actually citizens.

This discovery raises questions about the accuracy and reliability of the federal government's investigation, which involved manually checking over 800 names by roughly 800 federal employees. The county's findings contradict the claims made by the federal agent who conducted the investigation, with both parties presenting conflicting information to the court.

The hearing highlighted concerns about the potential consequences of relying on a private service to verify Social Security numbers used in the investigation, leaving open the possibility that election results could be contested through legal channels if necessary.

---
Source: [ABC News Politics](https://abcnews.com/Politics/wireStory/special-master-evaluate-justice-departments-claims-noncitizens-california-137616222)  
Published by News Central Site: https://newscentral.site/federal-judge-weighs-appointment-of-special-master-to-investigate/
