Federal prosecutors sent letters to county registrars across California demanding that local officials set aside and verify ballots potentially cast by noncitizens, according to the Los Angeles County registrar and a letter obtained by The Associated Press. The directive, issued on Friday, gives at least 18 counties a 48-hour deadline to provide identifying information for voters the Department of Justice believes are illegally registered. This action escalates a legal conflict between state election officials and the Trump administration’s DOJ as California prepares for midterm elections.
The letters target a list of approximately 20,000 individuals the federal government identifies as "likely" noncitizen voters. Earlier in October, the DOJ filed a lawsuit against Los Angeles County and the California Secretary of State’s office to block the counting of votes from these individuals. A hearing on that lawsuit is scheduled for Tuesday, while the Trump administration has asked the 9th Circuit Court of Appeals to intervene before a district judge rules. The federal government set a deadline for the appellate court to respond by Saturday.
What the Left Is Saying
California election officials argue that the federal demands threaten to delay the certification of the vote and undermine the legitimacy of the November midterms. Lawyers representing the state contend that the DOJ’s data is unreliable and that the aggressive verification requirements risk disenfranchising legitimate citizens. They note that illegal voting by noncitizens is historically rare, difficult to prove, and has not been shown to alter the outcome of races.
The California Secretary of State and the Los Angeles County registrar have formally opposed the federal government's demands in legal filings. They emphasize that voting is already underway, with more than 23 million registered voters having received mail-in ballots earlier in the month. The state reported that over 330,000 mail-in ballots have already been counted, suggesting that the DOJ's sudden intervention comes after a significant portion of the vote has been processed.
What the Right Is Saying
First Assistant U.S. Attorney Bill Essayli stated that "any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy." The Department of Justice argues that these measures are necessary to root out noncitizen voting ahead of the midterm elections. In letters sent to counties such as San Bernardino, the DOJ stated that the requested information—including social security numbers, ID details, and registration copies—will help the government and state quickly assess each person suspected of illegally registering to vote.
The federal government has highlighted that its list of suspected noncitizen voters includes 1,133 people from San Bernardino County alone. This effort follows a statewide sweep by federal authorities earlier in the week, where 28 individuals from the broader list of 20,000 were charged with illegally registering to vote. Some of those charged also face allegations of illegally voting and lying on naturalization paperwork, charges that could result in years in prison.
What the Numbers Show
The Department of Justice has identified approximately 20,000 individuals as "likely" noncitizen voters in California. Letters were sent to registrars in at least 18 counties, with a 48-hour deadline to provide specific identifying data. In San Bernardino County, the federal list includes 1,133 suspected noncitizens. State officials report that more than 23 million registered voters in California received mail-in ballots, and over 330,000 of those ballots had already been counted by the time the DOJ letters were issued. Data cited by the state indicates that illegal voting by noncitizens is incredibly rare and has not been shown to change election outcomes.
The Bottom Line
The conflict creates immediate uncertainty regarding the certification of California's midterm results. With a federal lawsuit pending and an appeal underway in the 9th Circuit, the status of the 20,000 suspect ballots remains in legal limbo. County officials face a tight deadline to comply with the DOJ's request for data, while state attorneys argue the move is procedurally improper. The outcome of the Tuesday hearing and the potential 9th Circuit intervention will determine whether these ballots are counted or sequestered, a decision that could have significant implications for the final election results in the state.