DOJ sues California to block counting of 20,000 mail ballots flagged as noncitizen votes

Key points

• The Justice Department filed a lawsuit in the U.S. District Court for the Central District of California, seeking to enjoin California from counting mail-in ballots from 20,000 flagged voters.
• Acting Deputy Attorney General Trent McCotter sent a password-protected thumb drive to Los Angeles County officials, demanding a 48-hour review of the list, which the county rejected due to security protocols.
• California Secretary of State Shirley Weber stated the Justice Department provided no underlying evidence or methodology for the citizenship claims, calling the demands 'unsubstantiated.'
• The lawsuit names California, Secretary of State Shirley Weber, and Los Angeles County Registrar Dean Logan as defendants, alleging the state failed to cooperate with federal efforts to clean voter rolls.
• The Justice Department’s Civil Rights Division has filed 31 lawsuits regarding voter rolls but has lost 26 cases without achieving a legal victory, relying on public data after previous setbacks.

Background

This dispute follows a series of federal actions targeting state voter rolls in 2026. In July, Homeland Security Secretary Markwayne Mullin alleged 190,000 noncitizens were registered in California, a figure later reduced to 20,000 in the lawsuit. The Justice Department has faced legal challenges, including a Florida ruling striking down the federal noncitizen voting statute as unconstitutional. Previous attempts to identify noncitizens in Nevada and Pennsylvania resulted in significantly lower numbers than initially claimed, with Nevada officials finding zero noncitizens among 185 flagged names.

How outlets are covering it

The Justice Department, led by Attorney General Todd Blanche, characterized the lawsuit as a necessary measure to prevent 'state-facilitated voter fraud' and uphold the integrity of the electoral system. They argued California failed to collaborate in identifying ineligible voters. In contrast, California officials, including Governor Gavin Newsom and Secretary of State Shirley Weber, described the action as a 'desperate' and 'meritless' attempt to suppress votes and destabilize elections. The Los Angeles Times and The Guardian highlighted the lack of evidence and the inaccuracy of previous federal claims, while Axios noted the administration’s track record of erroneous flags in other states. UCLA election law scholar Richard Hasen criticized the timing as a 'publicity stunt' that risks disenfranchising eligible voters, noting the National Voter Registration Act bars systematic purges 90 days before an election.

Why it matters

The lawsuit represents a significant federal intervention in state election administration just three weeks before the midterm elections. It highlights the ongoing tension between federal and state authorities over voter eligibility and the potential for legal challenges to influence the counting of mail-in ballots. The outcome could set a precedent for federal oversight of state voter rolls and impact the credibility of the 2026 midterm election results.

What to watch

The case will proceed in the U.S. District Court for the Central District of California, where the Justice Department seeks an injunction to halt the tabulation of the flagged ballots. A separate case in the District of Washington, D.C., brought by the UCLA Voting Rights Project, has already prompted a judge to order a status report by October 16. The Justice Department may appeal any adverse rulings, potentially escalating the legal battle to higher courts. California officials have indicated they will defend the state’s election processes in court, while the Justice Department maintains its position that the flagged voters are ineligible.