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

Key points

• The DOJ filed suit in the Central District of California, seeking to enjoin the state from tabulating mail ballots from 'likely noncitizens' until citizenship status is verified.
• Acting Deputy Attorney General Trent McCotter sent a password-protected thumb drive to Los Angeles County Registrar Dean Logan and Secretary of State Shirley Weber, demanding a 48-hour review window.
• Logan refused to access the drive, citing data privacy and information security protocols, while Weber criticized the administration's 'unsubstantiated claims' regarding voter rolls.
• The DOJ alleges California failed to cooperate in cleaning its voter rolls, while state officials argue the federal government has no role in state election processes.
• The lawsuit comes amid a broader federal push, with the DOJ having lost 26 of 30+ attempts to access state voter rolls in other jurisdictions.

Background

This legal action escalates a months-long federal campaign to identify and remove alleged noncitizen voters, which began with a July 2026 threat of criminal action against states. Previous efforts, including a September 2026 crackdown involving 16 charges across seven states, have been criticized for low conviction rates relative to the administration's claims of widespread fraud. The current dispute follows a 48-hour ultimatum issued on October 13, 2026, which California officials rejected as a violation of the National Voter Registration Act's pre-election freeze.

How outlets are covering it

The DOJ, led by Acting Deputy AG Trent McCotter and AG Todd Blanche, frames the suit as a necessary measure to protect electoral integrity, arguing that California's refusal to review the list demonstrates a 'total lack of commitment' to federal law. Conversely, California officials, including Gov. Gavin Newsom and Secretary of State Shirley Weber, characterize the move as an unlawful federal overreach that risks disenfranchising eligible voters. The Brennan Center for Justice notes that while noncitizen voting is rare, the DOJ's claims of mass fraud have been largely rejected by courts, with 26 of its voter roll access attempts dismissed. Axios highlights that similar flags in other states, such as Nevada and Pennsylvania, have proven highly inaccurate, suggesting the 20,000-person list may contain significant errors.

Why it matters

The lawsuit could delay the counting of mail ballots in California, a pivotal state in the 2026 midterms, potentially disenfranchising eligible voters if the court grants the injunction. It also sets a precedent for federal intervention in state election administration, challenging the traditional separation of powers between federal and state governments in managing voter rolls. The outcome may influence how other states respond to similar federal demands ahead of the November 3 elections.

What to watch

The case will proceed in the Central District of California, where a judge will decide whether to grant the DOJ's request to halt the counting of flagged ballots. California officials are expected to defend their refusal to access the thumb drive, arguing that the federal government's methodology is flawed and violates state data security protocols. The DOJ may seek further legal remedies if the court denies the injunction, potentially leading to a broader legal battle over the scope of federal authority in state elections.