DOJ Sues California After State Refuses to Act on Suspected Noncitizen Voters

The Department of Justice is suing California after state officials failed to comply with a 48-hour ultimatum to review a list of suspected noncitizen voters and set aside their ballots pending citizenship verification.

On Tuesday, acting Deputy Attorney General R. Trent McCotter sent letters to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan, demanding action on a federal list of potential noncitizens.

The DOJ instructed officials to segregate ballots already returned, stop sending ballots to individuals on the list until their citizenship was verified, and refrain from counting ballots pending verification.

“Allowing noncitizens to vote cancels citizen votes,” McCotter wrote, according to a letter obtained by NBC News.

Gov. Gavin Newsom took to X, calling the demand “dangerous nonsense.”

“California’s elections are NOT Donald Trump’s to control. We will ensure EVERY California voter can participate in a free and fair election,” he wrote.

Newsom then accused the Trump administration of attempting to interfere with California’s elections.

“Trump is now demanding that California election officials VIOLATE federal law. Apparently, the rule of law only matters when it’s convenient for MAGA’s dear leader. California’s elections are NOT Donald Trump’s to control. We will ensure EVERY California voter can participate in a free and fair election,” he posted.

Stephen Richer, a legal fellow at the Cato Institute and former Maricopa County recorder, called the request “highly irregular.”

“I do not know of a previous instance in which the federal government pushed for such a large election administration action in October of an election year,” Richer said.

Richer questioned whether the DOJ’s efforts would improve election security, noting that California requires voters to attest under penalty of law that they are U.S. citizens when registering, rather than provide documentary proof of citizenship.

“That proof of citizenship—attestation under penalty of law—is all that is required and is considered proof, under both California and federal law,” Richer said.

Los Angeles County Registrar-Recorder Dean Logan said his office declined to access a USB drive provided with the DOJ’s letter, citing data security concerns.

“We have not accessed the drive because doing so would conflict with established data privacy and information security protocols. We do not consider the device a secure medium,” Logan said.

The DOJ cited California officials’ refusal to comply with its demands as grounds for taking the dispute to federal court.

“California election officials were given an opportunity to remove noncitizens from their voter rolls and to sequester ballots returned from suspected ineligible voters. They refused,” First Assistant U.S. Attorney Bill Essayli for the Central District of California said in a press release from the DOJ.

“We are taking California to federal court to demand that the votes of American citizens not be diluted by noncitizens.”