Full Breakdown
DOJ Sues California Over Mail-In Ballots for Alleged Non-Citizen Voters
By Drooid · · How we work
Federal Lawsuit Targets California Mail Ballots
On October 15, 2026, the U.S. Department of Justice filed a civil complaint in the Central District of California seeking an injunction that would bar the state from counting mail-in ballots cast by more than 20,000 voters the DOJ says are “likely” non-citizens. The complaint alleges California failed to cooperate with a DOJ request to verify citizenship within 48 hours after receiving a password-protected thumb drive on October 13, 2026. The DOJ argues that counting the ballots would constitute “knowingly facilitating” a federal crime under 18 U.S.C. §§ 611 and 2.
Background & Context
The lawsuit follows federal actions aimed at curbing non-citizen voting, a practice the administration calls widespread despite limited evidence. In July, Homeland Security Secretary Markwayne Mullin claimed up to 190,000 non-citizens were registered in California, though no data were provided. The DOJ’s action narrows that figure to roughly 20,000 names compiled from federal databases. The filing comes less than three weeks before the November 3 midterm election, when California’s universal mail-ballot system is already in full swing (ballots began mailing on October 5, 2026).
Data & Statistics
- ? 20,000 individuals flagged as “likely” non-citizens.
- ? 23 million registered voters statewide, with nearly 90 % historically voting by mail.
- DOJ’s letter demanded review of ? 417 names per hour to meet the deadline.
- Federal prosecutors have charged about 90 people for election-related offenses this year, including ? 50 alleged non-citizen voting cases.
Official Statements & Responses
- “The legal consequences for either facilitating or ignoring a federal crime are significant,” — Trent McCotter, acting deputy attorney.
- “State-facilitated voter fraud is unacceptable in the United States of America,” — Attorney General Todd Blanche.
- Secretary of State Shirley Weber called the DOJ’s demand “unprecedented” and “based on unverifiable information,” asserting the state will continue to follow applicable law.
- Los Angeles County Registrar-Recorder Dean Logan refused to open the thumb drive, citing data-security protocols and lack of methodology.
- Governor Gavin Newsom labeled the lawsuit “a sad, desperate attempt” by the Trump administration to suppress votes weeks before Election Day.
Criticism & Opposition
State officials argue the DOJ’s request violates the National Voter Registration Act’s 90-day “freeze” on systematic voter-list maintenance. Voting-rights groups, including the UCLA Voting Rights Project and Common Cause, say the DOJ’s list is derived from flawed databases that have misidentified citizens in other states and have filed motions to intervene.
Conflicting Reports & Gaps
- Number of alleged non-citizens: DOJ cites ? 20,000; earlier DHS statements referenced ? 190,000. No methodology or raw data have been disclosed.
- Geographic scope: The complaint names Los Angeles County as a defendant, yet the list reportedly includes voters statewide, raising jurisdiction questions.