- The Justice Department warned California officials they could face prosecution for knowingly counting ballots cast by people identified as noncitizens.
- A federal lawsuit seeks to pause ballots linked to more than 20,000 people while citizenship is checked.
- California says federal officials withheld supporting evidence and will not provide the requested data and methodology in writing.
The Justice Department warned California election officials on October 16, 2026, that knowingly helping process ballots cast by people identified as noncitizens could expose them to prosecution. The warning followed a federal lawsuit filed the day before, which asks a judge to stop the state from counting certain mail ballots until voters’ citizenship can be confirmed.
Acting Deputy Attorney General R. Trent McCotter sent the letter to the Los Angeles County Counsel’s office, copying California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan. McCotter wrote that officials who knowingly tabulate ballots cast by people identified by federal agencies as noncitizens “risk becoming aiders and abettors to a federal crime.”
The complaint asks a federal court to block California from counting ballots from people the government considers likely noncitizens while their status is checked. The election is underway.
The lawsuit alleges California failed to work with federal officials to identify ineligible registrations. State officials dispute the federal identification process, saying the government has not provided supporting evidence or its underlying methodology.
The lawsuit seeks to pause ballots until citizenship can be checked
The DOJ filed the case against California while working with the Department of Homeland Security. Its complaint alleges that more than 20,000 people likely to be noncitizens appear on the state’s voter rolls. California mails a ballot to every registered voter, while federal law bars noncitizens from voting in federal elections.
Attorney General Todd Blanche said the alleged state conduct was unacceptable and said the department would pursue voter-fraud cases. Homeland Security Secretary Markwayne Mullin said the review compared public voter-registration files with federal immigration records, but described the analysis as preliminary and ongoing.
First Assistant U.S. Attorney for the Central District of California Bill Essayli said California officials had been offered a chance to remove names and set aside ballots. The lawsuit argues the state should not count ballots from people whose citizenship remains unresolved. Those are allegations, not findings by a court.
Federal estimates and state checks produce sharply different counts
The figures cited in the dispute cover different claims and reviews. The federal government has described its California analysis as preliminary; California officials say they have not received the data and methods needed to verify it.
| Location or claim | Figure | What the figure describes |
|---|---|---|
| California, current federal allegation | More than 20,000 | People federal officials say are likely noncitizens and registered to vote |
| California, July DHS claim | As many as 190,000 | People alleged to be on voter rolls; DHS also cited 81,000 potential registrants in a preliminary review |
| Four states, July claim | As many as 250,000 | Alleged registrations across California, Nevada, New Jersey and Pennsylvania |
| Nevada, one review | Nearly 16,000 | Possible cases alleged by federal officials; the state determined all were U.S. citizens |
| Nevada, another review | 1,500 flagged; zero confirmed | People initially flagged by federal authorities; a subsequent review found no registered noncitizens among them |
Weber’s office said California had asked for the federal data and its methodology after an earlier claim about the state’s rolls. The secretary of state’s statement said the requested information was not provided in writing.
Weber says the evidence and method remain undisclosed
In a Thursday letter to DOJ, Weber said federal officials had not supplied evidence supporting the current allegation. Her office also said it was told to obtain a list, investigate it and act within 48 hours, 21 days before the November 3 General Election.
Weber said state law bars voter cancellations after Aug. 5. She wrote that DHS officials declined to provide the requested information in writing and instead sought a meeting. “This is an emergency of the DOJ’s creation,” she said.
Gov. Gavin Newsom criticized the request in a Wednesday social media post, writing, “California’s elections are NOT Donald Trump’s to control. We will ensure EVERY California voter can participate in a free and fair election.” California Attorney General Rob Bonta said Thursday that state officials would not withhold ballots as the federal government requested.
Assemblymember Isaac Bryan, who represents Los Angeles, defended the state’s election procedures at a Thursday press conference. He said California had worked to make eligible voters feel safe casting ballots and to ensure their votes were counted.
Logan kept the thumb drive unopened over security concerns
A separate letter sent Tuesday gave Weber, Logan and the Los Angeles County Registrar-Recorder County/Clerk 48 hours to review a list. It asked officials to identify citizens mistakenly included and to segregate mail ballots when citizenship could not be independently verified.
Federal officials delivered the Los Angeles County list on a password-protected thumb drive. The secretary of state’s office said the password was written “on a sticky note.” Logan said his office had not accessed the device, citing data privacy and information security protocols.
“We do not consider the device a secure medium. Additionally, the letter does not specify the number of individuals involved or describe the information contained in the records.”
Logan said his office was consulting with the secretary of state and attorney general’s offices. He also said voter eligibility decisions should rest on verifiable information, rather than unconfirmed data matching.
Election officials and legal experts question the late intervention
David Becker, an election law expert who heads the Center for Election Innovation and Research, called the lawsuit “fairly frivolous.” He said officials seeking to correct voter rolls would have acted months earlier, and questioned whether the case could set the stage for false claims about elections.
Becker also said election offices generally would not plug an unfamiliar thumb drive into their systems. “Election offices do not just stick thumb drives into their technology, for very good reason,” he said.
UCLA law professor Rick Hasen called the prosecution threats “deplorable,” saying they put pressure on election officials during an active election. Los Angeles County has roughly 6 million voters, about half registered Democrats. More than 23 million people are registered statewide.
Federal prosecutors announced 16 more election cases Monday
The DOJ has charged approximately 90 people with election-related offenses this year, including 50 accused of voting illegally as noncitizens. Those charges do not establish the claims in California’s lawsuit.
Federal prosecutors announced 16 new criminal cases Monday involving alleged unlawful voting or fraudulent registrations. The United States had more than 227 million registered voters during the 2024 presidential election.
