DOJ Threatens California Election Workers With Criminal Charges Over Noncitizen Ballot Claims

Key points

• Acting Deputy Attorney General Trent McCotter sent a letter to Los Angeles County officials warning that knowingly tabulating ballots from noncitizens makes them 'aiders and abettors' to a federal crime.
• The Justice Department sued California on October 15, seeking an injunction to stop the state from counting mail-in ballots from 20,000 individuals flagged as likely noncitizens.
• California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan rejected the federal demand to review a password-protected thumb drive containing the names, citing data privacy and security protocols.
• President Trump shared the DOJ letter on Truth Social, stating that those involved 'will all go to jail for a long period of time.'
• The Justice Department has charged about 90 people for election misconduct this year, including 50 alleged noncitizen voters, but has lost 26 of 31 lawsuits filed to access state voter rolls.

Background

This dispute follows a series of federal actions aimed at purging voter rolls ahead of the 2026 midterms. In July, Homeland Security Secretary Markwayne Mullin sent letters to several states alleging large numbers of noncitizen voters, claims that were later debunked in Nevada where zero registered noncitizens were found. The current lawsuit is part of a broader DOJ effort that has resulted in legal setbacks, including a recent California Supreme Court ruling that affirmed election officials' custody over ballots and prohibited law enforcement from seizing them outside official procedures.

How outlets are covering it

The Justice Department, led by Acting Deputy AG Trent McCotter and Attorney General Todd Blanche, frames the issue as a matter of national security and legal compliance, arguing that noncitizen voting is a federal crime and that California's refusal to cooperate undermines the electoral system. In contrast, California officials, including Secretary of State Shirley Weber and Registrar Dean Logan, characterize the federal demands as 'unverified assertions' and 'unsubstantiated claims' that threaten the rights of eligible voters. Legal experts, such as UCLA law professor Rick Hasen and Loyola Law School's Justin Levitt, criticize the DOJ's approach as 'deplorable' and 'aggressive bullying,' noting that courts have not supported the administration's claims and that the threats are unlikely to hold up legally. MS NOW and ABC News highlight the pattern of the administration using exaggerated numbers to create confusion, while CBS News notes the DOJ's history of losing similar cases in other states.

Why it matters

The conflict has the potential to disrupt the counting of millions of mail-in ballots in California, a state with over 23 million registered voters and competitive congressional races that could determine control of the U.S. House. The threat of criminal prosecution against local election workers could chill the administration of the November 3 midterms and erode public confidence in the electoral process. Furthermore, the dispute highlights the tension between federal and state authority over election integrity, with the DOJ's aggressive tactics potentially setting a precedent for future challenges to election results.

What to watch

The case will proceed in the U.S. District Court for the Central District of California, where the DOJ seeks an injunction to block the tabulation of the 20,000 flagged ballots. California officials have indicated that the matter should be resolved in court, with Logan stating that the DOJ has 'chosen to litigate their unverified assertions.' Democratic senators have also written to the Attorney General demanding that the DOJ commit to not seizing ballots or interfering with elections before the midterms are certified. The outcome of the lawsuit and the potential for further criminal charges against election workers will be closely watched in the weeks leading up to the November 3 election.