Trump administration sues California to block state from counting alleged noncitizen mail-in ballots

The Trump administration sued California election officials Thursday, asking a judge to bar the state from counting mail-in ballots for next month’s midterm elections from people the federal government has identified as “likely” noncitizens until their status can be confirmed.

The lawsuit comes after the Justice Department said California officials failed to meet a 48-hour deadline to review a password-protected thumb drive that contains a list of 20,000 names the federal government believes are likely noncitizens who were sent ballots to participate in the Nov. 3 election. The state mails ballots to all registered voters. A top Justice Department official had sent a letter earlier this week threatening potential legal action if California didn’t comply.

California Secretary of State Shirley Weber said in a letter to the Justice Department that the federal government hasn’t provided evidence to support its allegation that 20,000 names on the state’s voter rolls are of noncitizens. She referenced an instance in which the federal government alleged nearly 16,000 possible noncitizens were listed on Nevada’s voter rolls, but the state determined that all were, in fact, U.S. citizens.

She also noted that voting is already underway in the state. Weber, a Democrat, said the Justice Department was “demanding unprecedented measures that threaten thousands of Californians’ right to vote, based on unverifiable information or methodology that you still fail to explain or provide.”

California’s elections are in “full compliance” with federal law, she added.

Los Angeles County Registrar Dean Logan said in a statement that his office received the letter and thumb drive this week, along with a “hand written note providing a password” to access the list of alleged noncitizens on the voter rolls. He said he did not consider the thumb drive a secure device. The secretary of state’s office said the password was written “on a sticky note.”

The Justice Department’s lawsuit says the federal government sought to “work collaboratively” with California to identify noncitizens registered to vote in the state, and “California made no serious effort to do so.”

“The United States thus seeks commonplace election relief when a ballot is called into question,” the lawsuit says. “This Court should enjoin California from presently tabulating vote by-mail ballots from likely noncitizens in the upcoming federal election until the voter’s citizenship status can be determined,” the lawsuit says.

Weber, who is named in the lawsuit, suggested the federal government’s outreach had not been collaborative.

She said that over the summer, the Department of Homeland Security claimed that California had 190,000 noncitizens on its voter rolls but refused to provide the methodology or data sources when the office asked for them.

In her letter Thursday, she called the recent demands “an emergency of the DOJ’s creation.”

The letter sent by acting Deputy Attorney General Trent McCotter gave the state 48 hours to research the list of the 20,000 people it claims might not be citizens. For those whose citizenship cannot be independently verified, the state is to instruct local election officials to segregate their mail-in ballots until their status can be determined, and to not provide a ballot to anyone who has not yet received one.

California Attorney General Rob Bonta said at an unrelated press conference Thursday morning that state officials would not carry out the federal government’s requests to withhold ballots for the alleged noncitizen voters. He noted that the administration’s alleged number of noncitizens on the state’s voter rolls had dropped from the 190,000 flagged over the summer by the Department of Homeland Security to the 20,000 noted by the Justice Department.

“What happened to those 170,000? They just got those wrong,” Bonta said.

Bonta also said the Trump administration was violating a federal law that prohibits states from changing voter rolls within 90 days of an election.

“They are in unprecedented, baseless, lawless territory,” he said.

The Trump administration has made the hunt for noncitizen voters a priority this year, even though the problem is exceptionally rare. The Justice Department has charged about 90 people for various types of election misconduct so far this year, including 50 who are alleged to have voted as noncitizens. There were more than 227 million registered voters in the United States during the 2024 presidential election.