DOJ warns Los Angeles County officials of criminal risk for counting ballots of suspected noncitizen voters
On Friday, October 17, 2026, the U.S. Department of Justice sent a letter to Los Angeles County Assistant Counsel Peter M. Bollinger warning that the county could face criminal investigation and prosecution if it processes ballots from individuals the department believes are noncitizen voters.
The letter, signed by Acting Deputy Attorney General Trent McCotter, cited a password‑protected dataset containing the names of more than 20,000 people the Justice Department’s immigration and law‑enforcement partners identify as “likely noncitizens” registered to vote in California. McCotter wrote that noncitizen voting in a federal election is a federal crime and that anyone who knowingly tabulates such ballots “risks becoming aiders and abettors to a federal crime.”
McCotter reminded county officials that the federal law prohibiting noncitizen voting cannot be overridden by California’s self‑attestation registration system. He also rejected the county’s reliance on the National Voter Registration Act’s 90‑day “quiet period,” arguing that the agency’s targeted investigation provides “individualized evidence of unlawful voting” that supersedes procedural defenses.
The DOJ’s warning was copied to California Secretary of State Shirley Weber and Los Angeles County Registrar‑Recorder Dean Logan. Both state officials have previously declined to act on similar requests, prompting the department to file an emergency lawsuit in the Central District of California on October 15, seeking an order that would block the state from counting ballots from the flagged individuals until their citizenship can be verified.
President Donald Trump amplified the letter on his Truth Social platform, posting the warning verbatim and adding, “They will all go to jail for a long period of time!!!” The remark underscores the administration’s broader push to enforce strict voter‑eligibility standards ahead of the November 3 midterm elections.
Los Angeles County officials, represented by Assistant County Counsel Bollinger, responded that the department’s demand does not obligate the county to purge voter rolls or independently verify immigration status. They argued the matter is “best addressed in court” and that the county remains committed to a fair and secure election.
Legal experts note that if a court were to find the county knowingly tabulated ballots from confirmed noncitizens, officials could face charges under 18 U.S.C. §§ 611 and 2, which criminalize both the act of illegal voting and the facilitation of that act. The DOJ’s stance represents an escalation of federal scrutiny over California’s voter‑registration practices, which have long allowed self‑declaration of citizenship.
The next hearing in the federal lawsuit is scheduled for early November, just days before voters head to the polls. Both sides are expected to present additional evidence, and the outcome could set a precedent for how jurisdictions handle suspected noncitizen registrations nationwide.
