The short version
- The Trump administration filed suit to prevent California from counting mail-in ballots for individuals identified as likely noncitizens until their status is verified.
- State officials rejected the federal government's demands, citing a lack of evidence and violations of laws prohibiting voter roll changes near an election.
- The dispute centers on a list of 20,000 names provided via an insecure method, contradicting earlier federal claims of nearly 190,000 potential noncitizen voters.
A legal confrontation between the federal government and California election authorities has escalated into a lawsuit aimed at disrupting the counting of mail-in ballots for the upcoming midterm elections. The Justice Department filed the complaint on Thursday, requesting that a judge prohibit state officials from tabulating votes from individuals the federal government characterizes as likely noncitizens. This action follows a failed deadline imposed by federal prosecutors, who gave California 48 hours to review a specific list of names and segregate ballots for those whose citizenship could not be independently confirmed.
The core of the dispute involves a password-protected thumb drive containing approximately 20,000 names that the Justice Department alleges belong to noncitizens registered to vote in California. Federal officials argued that state authorities failed to make a serious effort to collaborate on identifying these individuals. The lawsuit seeks what it describes as commonplace relief, asking the court to enjoin the state from counting ballots for these specific voters until their citizenship status is determined. This move represents a significant intervention in state election administration just weeks before the November 3 vote.
California’s top election official, Secretary of State Shirley Weber, strongly rejected the federal government’s characterization of events. In correspondence with the Justice Department, she stated that the federal agency has not provided evidence to support its allegations regarding the 20,000 names on the list. Weber pointed to a previous instance involving Nevada, where the federal government flagged nearly 16,000 potential noncitizens, only for state investigators to determine that all of them were, in fact, U.S. citizens. She described the federal demands as unprecedented measures based on unverifiable information and methodology that remains unexplained.
The manner in which the data was delivered has also drawn criticism from state officials. Los Angeles County Registrar Dean Logan noted that his office received the thumb drive along with a handwritten note providing the password to access the files. Weber’s office described the password as being written on a sticky note, raising concerns about the security and professionalism of the federal outreach. Logan stated he did not consider the device secure, highlighting the logistical flaws in the Justice Department’s attempt to share sensitive voter data with local election administrators.
Attorney General Rob Bonta emphasized that state officials would not comply with requests to withhold ballots for the alleged noncitizen voters. He highlighted a significant discrepancy in the numbers presented by federal agencies over time. Earlier this year, the Department of Homeland Security claimed there were 190,000 noncitizens on California’s voter rolls. The recent Justice Department list contains only 20,000 names. Bonta questioned what happened to the remaining 170,000 individuals, suggesting that the initial federal estimates were incorrect and undermining the credibility of the current allegations.
Bonta also raised legal objections to the timing and nature of the federal intervention. He argued that the Trump administration is violating a federal law that prohibits states from making changes to voter rolls within 90 days of an election. By demanding that California segregate ballots and potentially deny voting materials to certain individuals, Bonta contended that the Justice Department is operating in what he described as baseless and lawless territory. This legal argument adds another layer of complexity to the ongoing litigation.
The broader context of this lawsuit involves a sustained federal focus on noncitizen voting, despite expert consensus that such occurrences are exceptionally rare. The Justice Department has charged approximately 90 individuals for various types of election misconduct this year, including about 50 alleged cases of noncitizen voting. While the administration treats this as a critical threat to election integrity, state officials view the lawsuit as a politically motivated attempt to suppress votes and create confusion during an active election cycle.
Weber characterized the federal government’s actions as creating an artificial emergency. She noted that over the summer, when DHS first raised concerns about 190,000 potential noncitizens, the agency refused to provide data sources or methodology upon request. Now, with voting already underway in California, the Justice Department is demanding immediate action based on a significantly reduced and unverified list. The state maintains that its elections are in full compliance with federal law and that the lawsuit threatens the rights of thousands of Californians without justification.
As the case moves forward, the court will need to weigh the federal government’s interest in preventing noncitizen voting against the state’s obligation to protect voter access and adhere to election integrity laws. The outcome could have immediate implications for how ballots are counted in California and may set a precedent for future conflicts between federal and state election authorities. With the midterm elections approaching, the resolution of this dispute will be closely watched by legal experts and political observers alike.
The situation underscores the deepening tensions between the Trump administration and Democratic-led states over election procedures. While the Justice Department insists it is acting to safeguard the integrity of the ballot box, California officials argue that the federal government is using unproven claims to interfere with a democratic process. The lawsuit seeks to pause the counting of specific ballots, but state leaders remain defiant, asserting that their systems are secure and that the federal intervention is both unnecessary and unlawful.
Sources behind this briefing
Go to the original reporting
- PBS NewsHour↗Trump administration sues California to block counting of alleged noncitizen mail ballots
