Full Breakdown
DOJ Lawsuit Seeks to Block Counting of Mail Ballots from Alleged Noncitizens in California
By Drooid · · How we work
Core Event: Federal Suit Demands Halt of Mail-Ballot Tabulation
On Oct 15, the U.S. Department of Justice filed a lawsuit in Los Angeles federal court asking a judge to stop California from counting mail ballots linked to more than 20,000 voters the DOJ says are “likely noncitizens.” Acting Deputy Attorney General R. Trent McCotter’s complaint demands the state either cease sending mail ballots to those individuals or set aside any ballots already returned until citizenship can be verified. The department warned that failure to comply within a 48-hour deadline would force it to seek emergency relief.
Background & Context
The suit follows a July statement from the Department of Homeland Security that up to 190,000 noncitizens might be registered to vote in California. Federal law bars noncitizens from voting in federal elections, while the National Voter Registration Act limits systematic voter-list maintenance within 90 days of an election. Earlier in the 2026 cycle, the DOJ sued 30 states and Washington, DC, over voter-roll data, losing most of those cases. A prior DHS-initiated review in Nevada flagged 185 names, all later confirmed to be citizens, raising questions about the reliability of federal matching processes.
Data & Statistics
- 20,000+ voters identified by the DOJ as “likely noncitizens.”
- DHS estimate: 190,000 noncitizens registered in California.
- Nevada review: 185 names flagged; 0 were noncitizens after state verification.
- The DOJ’s complaint admits it is “not practicable or feasible” to investigate thousands of individuals before the election concludes.
Official Statements & Responses
The Justice Department argues that allowing alleged noncitizens to vote violates federal law. Los Angeles County Registrar-Recorder Dean Logan refused to access the thumb-drive, citing data-privacy protocols and the lack of information about the list’s contents.
Criticism & Opposition
Legal scholars and former election officials have questioned both the timing and authority of the suit. Governor Gavin Newsom said the federal government has “no role” in state election administration and called the request “totally unprecedented.” Senator Alex Padilla described the action as a “power grab” with “no legal basis.” Election-law professor Rick Hasen warned that the DOJ’s request could force California to violate the 90-day ban on mass purges.
Conflicting Reports & Gaps
- Scope of alleged noncitizens: DHS’s estimate (190,000) vastly exceeds the DOJ’s list (20,000), but methodologies remain undisclosed.
- Verification feasibility: The DOJ acknowledges it cannot feasibly verify thousands of voters before the election, yet it demands California perform that verification within two days.
- Legal authority: The DOJ’s letters cite 18 U.S.C. § 611 and a 1973 Supreme Court case (Norwood v. Harrison) that do not directly grant the department power to dictate state ballot handling, leaving the statutory basis of the suit unclear.
Verbatim Quotes
- “This lawsuit — in October, in the middle of early voting — that asks election officials to disqualify certain voters based on suspect databases, not conclusive evidence, which definitely could have been alleged BEFORE early voting began,” — Stephen Richer
- “The courts have made clear that the federal government has no role in how a state carries out its election process, and now, in the middle of Californians voting, they have asked local officials — who do a damn good job defending democracy — to violate federal law,” — Gov. Gavin Newsom
- “State-facilitated voter fraud is unacceptable in the United States of America,” — Attorney General Todd Blanche
