Full Breakdown
Federal Threat to California Election Officials Over Non-Citizen Voter List
By Drooid · · How we work
The DOJ’s 48-Hour Ultimatum
Acting Deputy Attorney General Trent McCotter sent letters to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan. The first, dated Oct 13, included a password-protected thumb drive listing roughly 20,000 voters the Justice Department believes are “likely non-citizens” who have already received mail-in ballots. Follow-up letters on Oct 15 gave the officials 48 hours to confirm a review and to segregate any ballots from those names. The DOJ filed a lawsuit on Oct 15 seeking a permanent preliminary injunction to block California from counting the flagged ballots.
Legal and Procedural Background
The National Voter Registration Act bars states from systematic voter-list maintenance within 90 days of a federal election; the Supreme Court has affirmed that limitation. California officials argue the DOJ’s demand violates this “quiet period” and would suspend voting rights for thousands of citizens.
Data at Issue
- 20,000 names appear on the DOJ’s thumb-drive list, described as “manually verified” as ineligible, though a Justice Department spokesperson said the number “can and will go up.”
- Homeland Security Secretary Markwayne Mullin previously claimed as many as 190,832 non-citizens were registered in California; Weber called that figure “insufficient evidence.”
- In Nevada, a federal list of about 16,000 suspected non-citizens was narrowed to 185 after state investigation, and every one was confirmed to be a citizen.
Official Responses from California
Dean Logan refused to open the thumb drive, citing security protocols and lack of jurisdiction over the records. Secretary of State Shirley Weber said California would review any credible evidence but would not disenfranchise voters on the basis of an “unsupported and likely inaccurate ‘belief.’”
Conflicting Reports & Gaps
- The DOJ’s 20,000 flagged voters contrast sharply with the 190,832 figure cited by DHS, and the methodology for generating either list has not been disclosed.
- Federal officials say the 20,000 have been “manually verified,” yet a Justice Department spokesperson admitted the count could rise, indicating uncertainty about the verification process.
- No independent audit of the thumb-drive data has been conducted, and California officials have not received the methodology used to flag the voters.
Timeline
- Oct 13, 2026 – McCotter’s initial letter with thumb drive sent.
- Oct 15, 2026 – 48-hour deadline communicated; DOJ files lawsuit.
- Oct 16, 2026 – DOJ warning that officials could be liable as abettors of a federal crime.
- Nov 3, 2026 – Scheduled midterm election, less than three weeks after the ultimatum.
Verbatim Quotes
- “We cannot withhold or refuse to count ballots based solely on unverified allegations, nor can we disregard the legal requirements governing our election — and we certainly have no authority to act on records that are outside of our jurisdiction,” — Dean Logan
- “The law is clear, aliens in the United States cannot vote in federal elections,” — Atty. Gen. Trent McCotter
What’s Next
The lawsuit remains pending as the Nov 3 midterm election approaches. The Justice Department has indicated it will seek “emergency relief” if California does not implement the requested segregation of ballots. California officials say they will continue to review any evidence the DOJ provides, while critics warn the dispute could erode public confidence in the electoral process.
