DOJ Warns California Officials Counting Noncitizen Ballots

The Justice Department on Friday warned California election officials that counting ballots from people federal agencies have flagged as likely noncitizens could expose them to criminal investigation and potential prosecution, according to a letter obtained first by The Associated Press.

“If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime,” the letter from Acting Deputy Attorney General Trent McCotter says, according to the AP report published by ABC News.

California on Notice: Federal agencies identified over 20,000 suspected noncitizens registered to vote in California who have already been mailed ballots. Under 18 U.S.C. §§ 611 and 2, officials who knowingly tabulate unlawful ballots risk aiding and abetting a federal offense.… pic.twitter.com/phzKHdaitQ

— F.A. United States Attorney Bill Essayli (@USAttyEssayli) October 16, 2026

The letter also warns that “Noncitizen voting in a federal election is a federal crime — and knowingly facilitating such conduct is equally unlawful,” the AP reported. According to the AP, it is addressed to the Los Angeles County Counsel’s office and copied to California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan, effectively putting the entire state on notice.

First Assistant U.S. Attorney Bill Essayli, who leads federal prosecutors in the Central District of California, backed the warning in a post on X. He wrote that federal agencies identified more than 20,000 suspected noncitizens registered to vote in California who have already been mailed ballots, and that under federal law officials who knowingly tabulate unlawful ballots risk aiding and abetting a federal offense.

A week of escalation

Friday’s letter is the latest step in a fast-moving fight between the Trump administration and California just weeks before the Nov. 3 midterm election.

On Tuesday, McCotter sent letters demanding that Weber and Logan review a list of potentially ineligible voters within 48 hours and segregate ballots from anyone whose citizenship could not be verified, Fox News reported. The department warned it would seek emergency legal relief if the demands were not met by noon Eastern on Oct. 15, according to Fox News. According to the AP, the list of 20,000 names was provided on a password-protected thumb drive.

When that deadline passed, the Justice Department sued. In a Thursday press release, the department said it had filed a complaint against the State of California after determining that more than 20,000 people who are likely aliens are registered to vote in the state. Under California law, every registered voter is mailed a ballot, the department noted.

“State-facilitated voter fraud is unacceptable in the United States of America,” Attorney General Todd Blanche said in that release. McCotter said in the same release, “What our complaint alleges is that California is facilitating unlawful voting by knowingly allowing noncitizens to vote. This needs to stop.”

Homeland Security Secretary Markwayne Mullin said in the release that his department compared California voter-registration files with federal immigration data, adding that “even one noncitizen vote cancels out the ballot of an American citizen and undermines our elections.”

California pushes back

State officials dispute the federal claims. According to the AP, Weber has said the administration has provided no evidence to support its claim that the people on the list are likely noncitizens. Fox News reported that the Justice Department has not established that the individuals identified have cast illegal ballots.

Rick Hasen, a UCLA law professor, told the AP that the new letter “ups the ante by threatening election officials with potential criminal prosecution.”

The stakes are high. More than 23 million people are registered to vote in California, according to the AP, and several competitive House races in the state could help decide which party controls the chamber for the final two years of President Donald Trump’s term.

Federal law prohibits noncitizens from voting in federal elections. Whether a court will order California to set aside the flagged ballots before they are counted is now the central question in the lawsuit.

Sources

• ABC News (Associated Press): Officials who process ballots from suspected noncitizens risk prosecution, US warns
• First Assistant U.S. Attorney Bill Essayli on X
• U.S. Department of Justice: Justice Department Sues State of California over Voter List
• Fox News: DOJ threatens emergency legal action against California over suspected noncitizen voters

Reporting by Daily Beltway.