Justice Department warns California of legal action over alleged noncitizen mail ballots
The DOJ sent letters to California officials demanding a review of a list of potential noncitizen voters and the segregation of their mail ballots ahead of the 2026 election, a move state officials say lacks legal authority.
The Justice Department has warned California that it may face legal action unless state and local election officials examine a list of individuals the federal government believes are likely noncitizens who received mail-in ballots for the 2026 election. Acting Deputy Attorney General R. Trent McCotter sent letters to Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan, attaching a password-protected thumb drive with the names and demanding a review by noon on Thursday.
"Allowing noncitizens to vote cancels citizen votes," McCotter wrote in the correspondence obtained by NBC News.
The department clarified that it is asking officials to "segregate — not cancel — those individuals’ vote-by-mail ballots" until citizenship status can be verified, citing the criminal statute that restricts voting in federal elections to U.S. citizens. A DOJ spokesperson said the request is consistent with federal law and that voting by noncitizens is a crime.
California officials pushed back. Logan said his office had not accessed the thumb drive because it conflicted with data-privacy and security protocols, and he questioned the device’s security. He emphasized that any removal of a voter must be based on verifiable information, not unconfirmed data. Weber did not comment.
Legal experts noted that federal law prohibits systematic voter-list maintenance within 90 days of a federal election, allowing only individualized updates such as death notifications from the Social Security Administration. NBC News contributor Justin Levitt, a former DOJ official, said the department lacks authority to compel California to act on the list.
The letters arrive amid a broader federal effort, described by state officials as an attempt to lay groundwork for post-election challenges. Washington state elections director Stuart Holmes warned of preparations for potential seizures of voting equipment or ballots, while Nevada Secretary of State Cisco Aguilar characterized the administration’s actions as intimidation aimed at discouraging voter participation.