DOJ Charges 28 in California Amid Escalating Midterm Election Dispute

Key points

• Acting Deputy Attorney General Trent McCotter announced charges against 28 people, all lawful permanent residents, for allegedly voting or registering without citizenship.
• Eleven of the 28 were arrested as of Monday, with officials stating the remaining 17 will be taken into custody soon.
• The charges are part of a broader federal effort that has resulted in 113 nationwide voting-related charges in the last seven weeks.
• The DOJ previously sued California to block the counting of mail-in ballots from about 20,000 individuals identified as 'likely noncitizens.'
• California officials rejected the federal demands, citing a lack of evidence and concerns that the process violates federal law and disenfranchises voters.

Background

This development follows a series of escalating conflicts between the Trump administration and California election officials. In late September, the DOJ charged 16 individuals across seven states for similar offenses. On October 15, the DOJ sued California to halt the counting of 20,000 flagged ballots, a move California officials dismissed as baseless. The current charges represent the latest step in a federal strategy to challenge state voter rolls ahead of the midterms, contrasting with the Biden administration's 13 such charges over four years.

How outlets are covering it

The Justice Department, led by McCotter and First Assistant U.S. Attorney Bill Essayli, frames the arrests as evidence that California's voter rolls are corrupted and that state officials are willfully obstructing justice. They argue the timeline is an 'emergency of their own creation' by California. Conversely, The Guardian and Los Angeles Times highlight that noncitizen voting is extremely rare, noting that 28 charges are minuscule compared to the 174 million registered voters in 2024. The Guardian points to a prior DHS error in Nevada where 185 flagged individuals were all found to be citizens, questioning the federal methodology. California officials maintain that their existing laws prevent ineligible voting and that the federal push threatens legitimate voters.

Why it matters

The outcome of this legal and political standoff could set precedents for federal intervention in state election processes. If the DOJ succeeds in blocking ballots or securing convictions, it may validate its claims of widespread fraud, potentially influencing future election laws. Conversely, if the charges are seen as politically motivated or based on flawed data, it could undermine public trust in federal election oversight and highlight the risks of disenfranchisement in a tight midterm race.

What to watch

The DOJ plans to keep the operation active through and beyond the November 3 election. Federal prosecutors are expected to take the remaining 17 individuals into custody. The legal battle over the 20,000 flagged ballots will continue in federal court, with California officials likely to challenge the DOJ's methodology and the legality of the federal intervention. The results of the midterms may also influence the political narrative surrounding election integrity and federal-state relations.