DOJ warns California election officials of criminal prosecution over noncitizen ballots
The U.S. Department of Justice on Oct. 17 sent a warning to California’s election officials that they could face criminal prosecution for knowingly processing or ignoring ballots suspected of being cast by noncitizens.
The notice arrives as the federal government intensifies scrutiny of voter‑registration practices in the state ahead of the 2026 federal elections, raising the stakes for officials tasked with administering the ballot.
Acting Deputy Attorney General Trent McCotter authored the letter, emphasizing that both facilitating and turning a blind eye to a federal crime carry “significant” legal consequences. He warned that officials who tabulate ballots from individuals flagged by federal agencies as potentially ineligible could be charged as aiders and abettors.
The warning follows a DOJ lawsuit filed the previous day that seeks to block California from counting mail ballots submitted by individuals the federal government has labeled “likely” noncitizens until their immigration status can be verified.
“The legal consequences for either facilitating or ignoring a federal crime are significant,” McCotter wrote.
Noncitizen voting in federal elections is prohibited under U.S. law, and the department argues that knowingly assisting such voting can itself constitute a criminal act. The letter makes clear that officials who act with knowledge of a voter’s ineligible status could be prosecuted under statutes that target conspirators to illegal voting.
The development marks another escalation in a long‑running clash between the Trump administration and California, a Democratic‑led state that has repeatedly pushed back against federal directives on voting policy. State officials have criticized federal overreach, arguing that the measures could suppress legitimate voter participation.
Legal experts note that the DOJ’s approach could trigger a series of court battles as California evaluates the letter’s implications for its election infrastructure. The state is expected to respond through legal channels and may seek clarification on the criteria used to identify “likely” noncitizens.
As the 2026 elections draw nearer, the warning underscores an unsettled legal landscape that could shape how millions of Californians cast their ballots and how election officials navigate the balance between federal law and state election administration.
