On October 13, 2026, the U.S. Justice Department gave California officials 48 hours to review a list of alleged noncitizen voters or face emergency legal action. Acting Deputy Attorney General R. Trent McCotter demanded that state election officials withhold or segregate mail-in ballots sent to flagged individuals in Los Angeles County. The ultimatum escalates Trump administration efforts to challenge state voter rolls ahead of the November 3, 2026 election, where Republicans defend a narrow House majority amidst ongoing lawsuits against 30 states.
DOJ demands to California election officials
- ▪On October 13, 2026, acting Deputy Attorney General R. Trent McCotter gave California Secretary of State Shirley Weber 48 hours to review alleged noncitizen voters or face federal legal action
- ▪The Department of Justice demanded California refrain from mailing ballots to flagged individuals in Los Angeles County and segregate or delay tabulating returned ballots pending citizenship verification
- ▪Department of Justice spokeswoman Kiersten Pels stated the department will take all necessary legal action to protect election integrity and ensure compliance with federal law
Assessing noncitizen voter numbers
- ▪Election experts stated that noncitizen voter roll additions were too small relative to the nation's 170 million registered voters to affect election outcomes
- ▪The Department of Justice under President Donald Trump asserted widespread noncitizen voting, despite studies indicating state rolls added 30,000 noncitizens since 2000 largely through clerical and software errors
DOJ demands for nonpublic voter rolls
- ▪The Department of Justice sued 30 states that refused to hand over nonpublic voter rolls, losing 26 cases without securing a victory
- ▪The Department of Justice Civil Rights Division demanded nonpublic voter data, including Social Security numbers and dates of birth, from nearly all U.S. states
Homeland Security data concerns
- ▪Election officials and experts warned that Homeland Security's commercial data broker usage could result in citizens being falsely flagged as illegal voters and detained
- ▪The Department of Homeland Security utilized a commercial data broker to obtain sensitive voter information not present on publicly available voter rolls
California redistricting and House control
- ▪Control of the U.S. House of Representatives hinges significantly on California congressional races, as Republicans defend a narrow House majority in the November 3, 2026 election
- ▪California voters approved a new congressional map favoring Democrats as part of a nationwide redistricting effort following Republican-led map changes
Debatable claims
- ▪The Justice Department's voter list demand exceeds federal authority over state election administration
- ▪Noncitizen voting on state rolls is too rare to affect election outcomes
- ▪California should segregate ballots from flagged voters pending citizenship verification
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