Trump administration sues California to block counting of alleged noncitizen mail ballots

The Trump administration filed a lawsuit against California election officials on Thursday, asking a federal judge to prevent the state from counting mail-in ballots for the upcoming Nov. 3 midterm elections from individuals the federal government has identified as "likely" noncitizens. The legal action follows a 48-hour deadline set by the Justice Department for California to review a list of 20,000 names provided on a password-protected thumb drive.

Federal Allegations and Legal Demands

The lawsuit asserts that the federal government attempted to "work collaboratively" with California to identify noncitizens registered to vote, claiming that "California made no serious effort to do so." The Justice Department seeks an injunction to stop the tabulation of mail-in ballots from these individuals until their citizenship status can be determined. The suit states, "The United States thus seeks commonplace election relief when a ballot is called into question."

Acting Deputy Attorney General Trent McCotter sent a letter earlier in the week giving the state 48 hours to investigate the list. The letter instructed that for any individuals whose citizenship could not be independently verified, local election officials should segregate their mail-in ballots and withhold ballots from those who had not yet received them.

California’s Response and Security Concerns

California Secretary of State Shirley Weber rejected the federal government's claims, stating in a letter that the administration had not provided evidence to support the allegation that the 20,000 names on the voter rolls belong to noncitizens. Weber, a Democrat, noted that voting was already underway and described the federal demands as "unprecedented measures that threaten thousands of Californians’ right to vote, based on unverifiable information or methodology that you still fail to explain or provide."

Los Angeles County Registrar Dean Logan reported receiving the thumb drive along with a "hand written note providing a password." Logan stated he did not consider the thumb drive a secure device, and the secretary of state’s office noted the password was written "on a sticky note."

Weber also referenced a previous instance involving Nevada, where the federal government alleged nearly 16,000 possible noncitizens were on voter rolls, but the state determined all were U.S. citizens. She further noted that over the summer, the Department of Homeland Security claimed California had 190,000 noncitizens on its rolls but refused to provide the methodology or data sources when asked.

State Officials Reject Compliance

California Attorney General Rob Bonta stated that state officials would not comply with the federal request to withhold ballots. He highlighted the discrepancy in federal figures, noting the number of alleged noncitizens dropped from 190,000 to 20,000. "What happened to those 170,000? They just got those wrong," Bonta said. He added that the administration was violating a federal law prohibiting states from changing voter rolls within 90 days of an election, calling the actions "unprecedented, baseless, lawless territory."

Gov. Gavin Newsom issued a statement condemning the lawsuit as a "sad, desperate attempt" to suppress voters. "The courts have made clear that the federal government has no role in how a state carries out its election process," Newsom said. "We will continue to carry out free and fair elections in the Golden State."

Context of Noncitizen Voting Claims

The Trump administration has prioritized identifying noncitizen voters this year, although such cases are rare. The Justice Department has charged about 90 people for various types of election misconduct this year, including 50 alleged to have voted as noncitizens. In comparison, there were more than 227 million registered voters in the United States during the 2024 presidential election.

Why it matters

This lawsuit represents a significant escalation in the conflict between the federal government and state election authorities over voting procedures. It raises critical questions about the balance of power in election administration, the security of voter data, and the legal standards for challenging voter eligibility close to an election. The outcome could set precedents for how states handle federal requests to alter ballot counting processes during active elections.

---

Sources

• kcra.com: Trump administration sues California to block state from counting alleged noncitizen mail-in ballots - KCRA
• apnews.com: Trump administration sues California over voter rolls | AP News
• couriernews.com: Trump administration sues California to block state from counting alleged noncitizen mail-in ballots | National | couriernews.com
• weatherforddemocrat.com: Trump administration sues California to block state from counting alleged noncitizen mail-in ballots | News | weatherforddemocrat.com

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.