The Justice Department filed a lawsuit against California on October 15, 2026, alleging that the state has not reviewed a list of individuals identified as potential non-citizens who received mail-in ballots for the upcoming midterm election. The lawsuit follows a request from the Justice Department for California officials to access a password-protected thumb drive containing names of these individuals.
California officials, including Secretary of State Shirley Weber, have described the DOJ's actions as legally baseless and an attempt by the Trump administration to interfere in the state's election process. They noted that California law requires that only U.S. citizens can register to vote and that any non-eligible registrants are removed from the voter rolls. Weber emphasized the state's commitment to ensuring a fair election.
Los Angeles County Clerk Dean Logan stated that his office would not access the thumb drive due to concerns about data privacy and security protocols. He also pointed out that the DOJ's letter did not specify the number of individuals involved or the information contained in the records.
The DOJ's lawsuit does not seek to purge the voter rolls but requests that a judge compel California to set aside ballots from individuals identified as likely non-citizens. This lawsuit marks a shift in strategy for the DOJ, as it did not involve the Civil Rights Division, which has faced legal challenges in similar cases. The department is invoking the federal supremacy clause, asserting its obligation to prevent non-citizens from voting in federal elections.
The accuracy of the DOJ's list remains uncertain, as past reviews in other states, such as Nevada, have found that individuals identified as potential non-citizens were, in fact, lawful citizens. The lawsuit reflects ongoing efforts by the Trump administration to raise concerns about election integrity, despite evidence indicating that instances of non-citizen voting are rare.