Trump Administration Sues California Over Mail-Ballot Counting of Alleged Non-Citizens

The Justice Department filed a lawsuit Thursday seeking a court order to stop California from counting mail-in ballots from roughly 20,000 voters the department labels “likely non-citizens” until their status can be verified. The suit names Los Angeles County Registrar Dean Logan and Secretary of State Shirley Weber as defendants and asks a federal judge to enjoin the state from tabulating those ballots for the Nov. 3, 2026 midterm election.

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The filing follows a series of unsuccessful DOJ attempts to intervene in state election administration. Over the past 18 months, the Trump administration has sued California and other states over voter-roll accuracy, losing each case. The department relies on a password-protected thumb drive it says contains the 20,000 names. Earlier this summer, DHS claimed California’s rolls included 190,000 non-citizens, a figure the state rejected after refusing to disclose its methodology.

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The DOJ’s move arrives weeks before the midterms, a period when federal law limits changes to voter-registration lists. “If you cannot implement this process by then, given the ongoing federal election, the United States will have no choice but to seek emergency relief,” said Acting Deputy Attorney General Trent McCotter.

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• 20,000 alleged non-citizen voters identified in the DOJ’s thumb-drive list.

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• 190,000 previously cited by DHS as potentially non-citizen registrants in California.

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• Nevada’s review of a DHS list of 185 names found every individual to be a lawful citizen.

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• Secretary of State Shirley Weber said the federal government has not provided evidence to substantiate the 20,000-name allegation and called the request “unprecedented” and a threat to voter rights.

KQED

• A DOJ spokesperson said the department will take all necessary legal action to protect election integrity and ensure compliance with federal law.

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California officials argue the DOJ’s demand violates timing restrictions and lacks transparency. Former DOJ voting-section attorney David Becker noted the department had months to review public voter lists yet acted weeks before ballots were mailed, questioning the motive and timing.

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• “The world is going backwards. We can barely afford anything,” — Diana Walker, AP

Associated Press

• “I’m kind of tired of sending people there and nothing gets done,” — Krista Kohles, AP

Associated Press

• Number of alleged non-citizens: DOJ cites 20,000 names; DHS earlier estimated 190,000. California officials have not received methodology for either figure.

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• Verification outcomes: Nevada’s exhaustive review of a DHS list (185 names) concluded all were citizens, casting doubt on large-scale non-citizen lists.

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• Legal precedent: Prior DOJ lawsuits against state election officials have been dismissed, and the Supreme Court has blocked a separate Trump-initiated directive to the Postal Service, indicating limited judicial appetite for federal overreach in state-run elections.

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The lawsuit proceeds to a federal district court, where a judge will decide whether to issue a temporary injunction before the Nov. 3 election. The outcome will determine whether California must segregate the identified ballots or continue its standard mail-in process.

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