DOJ sues California over noncitizen ballots
Archived — this story has rotated out of today’s deck. It is kept here in full.
The gist
The DOJ sued California to stop officials tabulating mail ballots from 20,000 people it says are likely noncitizens.
The case tests federal power over state elections before the midterms.
Background
The suit is part of the Trump administration's push for control over state voting rolls ahead of the midterms, scheduled for Nov. 3; the administration has sued to access the voting rolls of 30 states and Washington, D.C. California mails ballots to all registered voters, and state officials say the number of noncitizen voters is negligible and does not warrant intervention weeks before the election. The defendants are California Secretary of State Shirley Weber, the top state official tasked with administering elections, and Dean Logan, top election official for Los Angeles County.
How it unfolded
- Oct 13, 2026The DOJ sent letters to Weber and Logan with an encrypted thumb drive listing 20,000 names the federal government says are likely noncitizens who received November vote-by-mail ballots, giving a 48-hour deadline to review it.
- Oct 15, 2026The DOJ sued California in a federal court, asking that officials be barred from tabulating vote-by-mail ballots from likely noncitizens until citizenship status can be determined; the suit names Weber and Logan as defendants.
- Oct 16, 2026A senior Justice Department official's letter, obtained first by The Associated Press, warned that local election workers who knowingly process or tabulate ballots from noncitizen voters risk investigation and potential prosecution.
- Oct 19, 2026The DOJ announced charges against 28 alleged noncitizen voters in a sweep dubbed Operation Protect the Vote, describing them as lawful permanent residents charged with crimes including false statements on a naturalization application and fraudulent voter registrations.
- Oct 19, 2026In court filings that morning, the DOJ sought a temporary restraining order forcing officials to set aside ballots from the 20,000 listed voters and verify citizenship before tabulating, asking for the order in time for the Nov. 3 election.
Who’s saying what
- Official
- Acting Deputy Attorney General Trent McCotter said the charges show why the lawsuit matters, that the 20,000 figure is "just the floor," and that absent an order there is a significant risk American votes will be diluted.
- Official
- Secretary of State Shirley Weber said the administration has provided no evidence the 20,000 are likely noncitizens and demands unprecedented measures based on unverifiable information or methodology it fails to explain.
- Party
- Gov. Gavin Newsom called the suit a desperate attempt to suppress California voters three weeks before Election Day and said officials were asked to violate federal law.
- Expert
- UCLA law professor Rick Hasen said if the DOJ could prove many more cases it would have heard about it, and that the letter ups the ante by threatening election officials with prosecution.
- Analysts
- David Becker, a former DOJ attorney, said the 28 prosecutions represent just 0.0001% of active California voters and that the 20,000-name list raises serious questions about whether the federal government has any evidence.
Still unverified
The federal government says the 20,000 names are likely noncitizens who received ballots; Weber says the administration has provided no evidence for that claim and that its demands rest on unverifiable information or methodology it fails to explain.