Full Breakdown
DOJ sues California over alleged non-citizen mail ballots
By Drooid · · How we work
Core Event
On October 15, 2026, the U.S. Department of Justice filed a civil complaint in the Central District of California seeking an order to bar the state from counting mail-in ballots for the November 3 midterm election that were cast by roughly 20,000 voters the administration identifies as “likely noncitizens.” Acting Deputy Attorney General Trent McCotter gave California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan a 48-hour deadline to review a password-protected thumb drive containing the names and to segregate any ballots until citizenship could be verified.
Background & Context
The DOJ’s demand follows a July 16 claim by Homeland Security Secretary Markwayne Mullin that more than 190,000 noncitizens were registered to vote in California, later reduced to the 20,000 names in the October letters. A similar effort in Nevada narrowed an initial estimate of nearly 16,000 noncitizens to 185 names that state officials later confirmed were all citizens. The Justice Department has filed dozens of lawsuits against states over voter-roll data, most of which have been dismissed.
Data & Statistics
- 20,000 voters flagged as “likely noncitizens” in the DOJ list.
- 190,832 noncitizens alleged by DHS in July 2024 (later reduced).
- 16,000 noncitizens previously alleged in Nevada, later verified as 0 after review of 185 names.
- California began mailing universal vote-by-mail ballots on October 5, 2026.
- Early voting began on June 2, 2026.
Official Statements & Responses
California officials have rejected the DOJ’s request as unlawful and unsupported by evidence. Governor Gavin Newsom called the lawsuit “a sad, desperate attempt” to suppress voters weeks before Election Day. Attorney General Rob Bonta described the move as “unprecedented” and an intimidation tactic. Secretary of State Weber emphasized that California’s voter-registration system already requires citizenship attestation and that the DOJ has provided no methodology for its list.
Criticism & Opposition
Election-law scholars note that the National Voter Registration Act bars systematic purges within 90 days of an election, a provision the DOJ’s demand appears to sidestep.
Conflicting Reports & Gaps
- The DOJ’s 20,000-name list contrasts sharply with the earlier DHS estimate of over 190,000 noncitizens, yet no explanation has been offered.
- Neither the DOJ nor the state has disclosed the criteria or databases used to generate the list, leaving its reliability unverified.
- The thumb drive’s contents, including the exact number of individuals, remain undisclosed, and officials have not accessed the device due to security concerns.
Verbatim Quotes
- “Allowing noncitizens to vote cancels citizen votes,” — Atty. Gen. Trent McCotter
- “This is a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day,” — Gov. Gavin Newsom
- “Now the USDOJ, under threat of ‘emergency’ litigation, demands that California blindly trust this administration without any evidence or legal authority to justify its request,” — State Shirley Weber
- “Federal law is clear: only American citizens may vote in federal elections. The Department will take all necessary legal action to protect election integrity and ensure compliance with federal law,” — Kiersten Pels, spokesperson
What’s Next
The DOJ’s complaint asks the court to issue a preliminary injunction preventing California from tabulating the identified ballots. If denied, the department indicated it will seek emergency relief. The matter is expected to be heard in the coming weeks, with the November 3 election looming.