Justice Department sues California over failure to act on list of suspected noncitizen voters
The U.S. Department of Justice sued California on Oct. 15, 2026, alleging the state failed to act on a 48‑hour ultimatum to review a federal list of suspected noncitizen voters and to hold their mail‑in ballots pending citizenship verification.
The lawsuit follows letters from Acting Deputy Attorney General R. Trent McCotter to Secretary of State Shirley Weber and Los Angeles County Registrar‑Recorder Dean Logan demanding that the list—provided on a password‑protected thumb drive and said to contain about 20,000 names—be examined within two days. The DOJ instructed officials to segregate any ballots from individuals whose citizenship could not be confirmed and to stop sending ballots to those on the list until verification was completed.
Logan’s office declined to access the drive, citing data‑privacy and information‑security protocols and warning that the device was not a secure medium. In a statement, he said the letter did not specify how many individuals were involved or describe the information contained in the records.
Weber responded that the Justice Department’s demand amounted to “blindly trusting” a federal administration without evidence or legal authority. She reiterated that California law already requires voters to attest under penalty of law that they are U.S. citizens and that the state routinely removes ineligible registrants from its rolls.
Governor Gavin Newsom called the DOJ’s request “dangerous nonsense” and accused the Trump administration of attempting to interfere with California’s elections. He emphasized that the state would ensure every eligible Californian can vote in a free and fair election.
The DOJ, represented by Attorney General Todd Blanche, argued that allowing noncitizens to vote “cancels citizen votes” and that the federal criminal statute clearly prohibits noncitizen participation in federal elections. A DOJ spokesperson said the department will seek emergency legal relief if the state does not comply, asserting that the action is needed to prevent dilution of citizen votes in the November 3 midterms.
Legal experts note that the lawsuit hinges on the supremacy clause and the federal government’s duty to enforce election‑integrity statutes. The case also raises questions about the balance between state autonomy in administering elections and federal authority to enforce citizenship requirements.
The Justice Department has filed the complaint in the U.S. District Court for the Central District of California and indicated it will pursue the matter vigorously. Both state officials and federal prosecutors are expected to file further briefs as the deadline for the upcoming election approaches.
