A federal judge on Wednesday refused a Justice Department request to make California set aside about 20,000 mail ballots from people it says are likely noncitizens, NBC News, the Washington Examiner and the Los Angeles Times report. The election is November 3.

US District Judge David Carter said the request "violates longstanding constitutional principles mandating that states have control over their elections." He wrote that it "would wreak havoc."

Carter also doubted the government's numbers. He pointed to Nevada, where officials first flagged up to 15,903 voters as noncitizens, NBC News reports. That fell to 185, and Nevada later confirmed all 185 were citizens. "California and its people are sovereign, too," Carter wrote, the Los Angeles Times and Washington Examiner report.

At a hearing Tuesday, Carter asked why prosecutors did not simply charge people who vote illegally. "Go out and indict," he said.

The ruling follows a Monday decision by a divided appeals court panel that dismissed the department's first emergency appeal. The Washington Examiner reports that ruling turned on procedure, since Carter had not yet ruled. The department says it wants ballots checked before they are counted, not thrown out.

Bill Essayli, the top federal prosecutor in Los Angeles, said the department has filed notice of appeal. He said it will seek an emergency order from the Ninth Circuit. "This ongoing emergency disenfranchises American citizens through dilution," he said.

California Attorney General Rob Bonta called it "another important victory for the rule of law," the Los Angeles Times reports. The main lawsuit is still pending.

What we know: A district judge refused to order the ballots set aside, and the Justice Department is appealing.
What we don't: Whether the appeals court will act before Election Day.