California Governor Gavin Newsom warned federal judges on October 31, 2026, that election search warrants could disrupt ballot counting. His letter to California’s four federal district chief judges urged care over requests to seize election materials before results become final.
However, Newsom said he knew of no pending request for such a warrant. He linked the risk to actions by the Trump administration. His letter did not report an existing order to seize ballots, records or voting equipment.
Election search warrants and the ballot dispute
The governor cited federal warnings that election officials could face criminal charges. He said taking materials needed for counting could disrupt state officials’ work. He also pointed judges to a University of California, Berkeley resource on warrant requests.
The Justice Department sued California on October 15 over more than 20,000 registered voters. It described them as likely noncitizens. It sought to set their mail ballots aside and check citizenship before counting them.
The department said its action aimed to prevent unlawful voting and protect eligible voters. However, the claim that these voters were likely noncitizens was an allegation. It did not establish that each person lacked the right to vote.
Court denies emergency relief
The U.S. Court of Appeals for the Ninth Circuit denied the federal government’s emergency request in an October 30 order. The government sought an injunction while its appeal proceeded. The court said it had not met the legal test for that relief.
The order records California’s doubts about the reliability of the federal list. It also separates two steps in the case. The court had dismissed an earlier appeal for lack of jurisdiction, before ruling on the later emergency request.
Meanwhile, Newsom asked judges to weigh how election search warrants could affect the remaining count and certification process. His letter gives December 11, 2026, as the deadline for California to certify its results.
Sources: Newsom letter, Ninth Circuit order via Justia, US Justice Department
