Full Breakdown
Federal DOJ Demands California Counties Sequester Ballots of Alleged Non-Citizen Voters
By Drooid · · How we work
Core Event
On October 23, 2026, the Department of Justice (DOJ) sent letters to 57 of California’s 58 counties demanding that local election officials “immediately” set aside and verify mail-in ballots belonging to roughly 20,000 voters flagged as “likely noncitizens.” The DOJ has also filed an emergency request with the Ninth Circuit Court of Appeals for an injunction that would bar California from counting the disputed ballots while the case proceeds. A district-court hearing on the underlying lawsuit is scheduled for the coming week.
Background & Context
The Trump administration has framed non-citizen voting as a systemic threat, citing inflated figures. A July 16 DHS letter claimed 190,800 non-citizens were registered in California; a later request on July 23 asked the state for methodological details, which were not provided. By early October the DOJ narrowed its target to about 20,000 names, distributing a password-protected thumb drive to state and county officials. The administration relies on 18 U.S.C. § 611, a criminal statute that prohibits non-citizens from voting in federal elections, to justify its demand that states alter ballot-processing procedures. Federal prosecutors have arrested 28 individuals from the list on charges of illegal registration, voting, and false statements on naturalization paperwork.
Data & Statistics
- DOJ-provided county totals: Orange County 1,754; Riverside County 1,355; San Bernardino County 1,133; Ventura County 334; Santa Barbara County 180; San Luis Obispo County 63; Contra Costa County 407.
- As of October 23, 2026, Los Angeles County had already counted over 331,000 mail-in ballots.
- A preliminary review of 200 names found ?40 % born in the United States, 71.2 % with no voting history, and 42.9 % with canceled registrations.
Official Statements & Responses
- Bill Essayli, First Assistant U.S.
- Rob Bonta, California Attorney General, called the effort “politicizing and weaponizing the law,” noting the DOJ supplied only a list without justification.
- Shirley Weber, California Secretary of State, warned the demand “undermines confidence in elections.”
- Sen. Alex Padilla denounced the action as interference.
Criticism & Opposition
State officials argue the DOJ’s data are unreliable and that segregating individual ballots is logistically impossible once signatures are verified. Legal analysts note § 611 does not address ballot-processing, and the National Voter Registration Act prohibits sweeping changes during the “quiet period” before an election. A federal judge in a separate case described the DOJ’s methodology as “voluminous and unreliable,” citing the absence of a federal citizenship database.
Conflicting Reports & Gaps
- DOJ claim: The list identifies “likely noncitizens” who have already received mail-in ballots.
- County sample: Over 40 % of reviewed names appear to be U.S.-born, suggesting many may be eligible voters.
- Methodology: The DOJ has not disclosed how the list was compiled; internal documents reference a “refined list” derived from voter rolls matched to immigration data, but no public explanation has been provided.
- Legal authority: The DOJ argues § 611 gives it standing to compel state officials, while California contends the statute only criminalizes the act of non-citizen voting, not state ballot administration.
What’s Next
The Ninth Circuit is set to hear oral arguments on the DOJ’s emergency request later this week, with a decision due before the November 3 election. California and Los Angeles County have filed motions to dismiss the lawsuit and to seek an en banc review should the panel grant the injunction.