Full Breakdown
DOJ Demands California Counties Segregate Ballots of Alleged Non-Citizen Voters
By Drooid · · How we work
Core Event
On October 23 2026, federal prosecutors sent letters to at least 18 California county registrars ordering that any mail-in ballots cast by voters the Justice Department (DOJ) identifies as “likely non-citizens” be set aside and that the voters’ citizenship be verified. The letters give counties a 48-hour deadline and warn that officials who knowingly process such ballots could face criminal liability. The DOJ has also asked the 9th U.S. Circuit Court of Appeals to intervene in a pending lawsuit seeking an emergency order to block the counting of thousands of mail-in ballots until the voters’ status can be confirmed.
Background & Context
The dispute stems from a broader DOJ effort, dubbed “Operation Protect the Vote,” to purge non-citizen registrations nationwide. Earlier in 2026 the department supplied a list of roughly 20,000 California voters it claims are non-citizens. The list was produced after Homeland Security Investigations (HSI) forwarded a California voter register to U.S. Citizenship and Immigration Services (USCIS) and the Fraud Detection and National Security Directorate (FDNS) for review on or around May 8 2026. The DOJ’s Civil Rights Division has filed dozens of lawsuits in multiple states demanding unredacted voter rolls, but it has lost the majority of those cases.
Official Statements & Responses
- DOJ First Assistant U.S. Attorney Bill Essayli argues that processing ballots from the flagged voters “dilutes” lawful votes and that the state must “sequester” those ballots until citizenship can be confirmed.
- California Attorney General Rob Bonta called the federal demand “meritless,” asserting that the state complies with all applicable federal election laws and that the DOJ’s request would delay certification of the vote.
- Governor Gavin Newsom said the request “violates federal law” and pledged to protect every eligible California voter.
- U.S. District Judge David Carter has scheduled a hearing for a Tuesday to consider the DOJ’s emergency request; the DOJ has also appealed to the Ninth Circuit after the district court did not rule by the deadline.
Criticism & Opposition
- Democratic Senator Alex Padilla denounced the DOJ’s actions as an attempt by President Donald Trump and Attorney General Todd Blanche to “interfere in California elections.”
- County officials, including Contra Costa County Registrar Kristin Connelly, described the letters as “intimidation” and “not normal protocol.”
- Legal analysts note that California law requires voters to affirm citizenship under penalty of perjury at registration, and that the state does not conduct independent citizenship checks.
On-the-Ground Reports
County clerks in Santa Cruz and Contra Costa reported receiving the letters and consulting counsel. Los Angeles County’s preliminary data review highlighted a high proportion of records indicating U.S. birth, raising questions about the accuracy of the DOJ list.
Conflicting Reports & Gaps
- The DOJ claims the list is derived from a “reliable” cross-check of voter rolls with federal databases, yet California officials argue the methodology is opaque and the data “unreliable.”
- A sample review in Los Angeles County found 38.9 % of examined records listed U.S. birthplaces, suggesting many flagged individuals may be citizens, while the DOJ maintains the entire 20,000-person list consists of non-citizens.
- The DOJ has not disclosed how the original voter register was obtained, and a whistleblower report alleges that Department of Homeland Security agents may have accessed state voter files without proper authorization.