Sen. Alex Padilla denounces DOJ warning that California election officials could face criminal investigation over noncitizen ballots

Senator Alex Padilla on October 17, 2026 denounced a Justice Department warning that California election officials could face criminal investigation for processing ballots the federal government identified as likely cast by noncitizens.

The warning, issued in a letter from Acting Deputy Attorney General R. Trent McCotter on October 16, followed a lawsuit filed the day before that seeks to block California from counting roughly 20,000 ballots flagged by federal agencies as belonging to non‑citizens.

Federal officials said the Department of Justice would consider election workers who knowingly tabulate those ballots as aiders and abettors to a federal crime, citing 18 U.S.C. § 2 in addition to the non‑citizen voting prohibition in 18 U.S.C. § 611.

Agencies including USCIS and Homeland Security Investigations matched California voter‑registration records with immigration, naturalization, State Department and Social Security data, producing a password‑protected list of names, addresses and dates of birth. They asked the state to segregate the ballots pending verification, not to cancel them.

Padilla responded on social media that the Department of Justice was “bullying” California, claiming the federal government had offered no evidence of wrongdoing and that the Constitution gives states the authority to administer elections.

First Assistant U.S. Attorney Bill Essayli countered that the DOJ had provided the specific data and invited California to present any evidence showing the listed individuals were citizens, emphasizing that non‑citizen voting in federal elections is a crime.

President Donald Trump echoed the DOJ’s stance on Truth Social, warning that officials who comply could face jail time, while Republican lawmakers have framed the issue as a test of federal enforcement of election integrity.

Legal analysts note that while § 611 makes voting by non‑citizens illegal, § 2 requires proof that an official knowingly assisted the illegal act, a higher evidentiary bar that may be difficult to meet.

The court’s ruling on the DOJ’s emergency request will determine whether California must segregate the disputed ballots before the November 3 midterm election, potentially setting a precedent for federal involvement in state‑run voting processes.