Full Breakdown
DOJ Issues 48-Hour Ultimatum to California Over Alleged Non-Citizen Voters
By Drooid · · How we work
Core Event: Immediate Review Demanded for Suspected Non-Citizen Ballot Recipients
Acting Deputy Attorney General R. Trent McCotter sent letters on Tuesday to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan. The correspondence warns that failure to act will compel the Justice Department to seek “emergency relief” before the upcoming midterm election.
Background & Context
The administration has prioritized identifying non-citizen voters despite research showing such voting is rare. In July, Homeland Security Secretary Markwayne Mullin told California officials the department believed more than 190,000 non-citizens were registered in the state. Similar claims in Nevada were later reduced to a handful of cases that were confirmed to be citizens. Federal law permits only U.S. citizens to vote in federal elections, while states run the elections.
Data & Statistics
- The Justice Department has charged about 90 people for election-related misconduct this year, including 50 alleged non-citizen voters.
- Experts note that software glitches and clerical errors may have added over 30,000 non-citizens to voter rolls nationwide since 2000.
- California mailed ballots to more than 20 million registered voters on Oct 5.
- The midterm election is scheduled for Nov 3.
Official Statements & Responses
Former DOJ voting-section attorney David Becker questioned the timing, saying the DOJ’s action comes after California had already mailed ballots and that past claims have been “full of errors.”
Santa Cruz County Clerk Tricia Webber, president of the California Association of Clerks and Election Officials, called the 48-hour deadline “completely unreasonable” and warned that a thorough investigation would take far longer.
Criticism & Opposition
Weber’s expressed “serious doubts” about the list’s transparency. Legal scholars such as David Becker argue the DOJ’s move may violate the National Voter Registration Act’s 90-day pre-purge ban, a point also raised by UCLA Law’s Rick Hasen, who noted the Supreme Court is considering the rule’s applicability to non-citizen removals.
Conflicting Reports & Gaps
- Mullin’s estimate lacks disclosed methodology, and California officials have not received the underlying data.
- In Nevada, an initial DHS claim of 15,900 non-citizen registrants was later revised to 185, all of whom were found to be citizens, casting doubt on similar lists.
- The size and composition of the thumb-drive file provided to Los Angeles County have not been disclosed.
Verbatim Quotes
- “Allowing noncitizens to vote cancels citizen votes,” — Trent McCotter
- “serious doubts about the reliability” — State Shirley Weber
- “Federal law is clear: only American citizens may vote in federal elections,” — DOJ spokesperson
- “California’s voter lists are public, and this administration has had 21 months with total control of the federal government to review those public lists,” — David Becker
- “We request that you review the list within 48 hours to determine whether any citizens are listed. For individuals whom you cannot independently confirm citizenship status, we request that you immediately instruct the appropriate elections officials to segregate — not cancel — those individuals’ vote-by-mail ballots until their citizenship status can be determined,” — Trent McCotter
What’s Next
If California does not comply within the 48-hour window, the Justice Department will seek emergency court relief before the Nov 3 midterm election. State officials are expected to continue reviewing the list, but no public timetable has been announced for further legal filings or ballot-handling directives.