The US Justice Department moved on Friday to voluntarily dismiss its lawsuit challenging the counting of 20,000 ballots in the state of California.

The Justice Department had sought a court order requiring state and Los Angeles County election officials to set aside the ballots, which it alleged could be from noncitizen voters.

US District Judge David Carter and a three-judge panel of the 9th Circuit Court of Appeals rejected the request, and the US Supreme Court denied the administration’s appeal with no noted dissents.

In a filing, Assistant US Attorney Julie Hamill argued the relief sought was no longer possible because Tuesday's midterm election had concluded and the ballots would be commingled with lawful ones before a Nov. 13 hearing.

"There is then no way to get the challenged ballots segregated," wrote Hamill.

"The relief the United States sought and needed is no longer available—rendering voluntary dismissal necessary," the motion said.

Justice Department spokesperson Kiersten Pels said the case was moot but that the administration "is not backing down" in targeting alleged noncitizen voters, including in a separate case demanding that California conduct list maintenance of its voter rolls.

Carter ruled in an Oct. 28 decision that the request was likely unconstitutional, saying states control their elections, and called the government’s allegations "not credible."

Los Angeles County Registrar-Recorder-County Clerk Dean Logan said he was "pleased that the administration has accepted the clarity of the court findings."

California Attorney General Rob Bonta said the administration "has given up its latest unlawful effort to interfere with California’s elections and disenfranchise eligible voters." (AA)