In what Attorney General Todd Blanche called potential “state-facilitated fraud,” the Justice Department sued California on Thursday for sending mail ballots to “likely” noncitizens.
The Justice Department, in coordination with the Department of Homeland Security, determined that more than 20,000 people are likely aliens and are registered to vote in the nation’s most populous state. Under state law, all registered voters are mailed ballots.
“State-facilitated voter fraud is unacceptable in the United States of America,” Blanche said. “If found responsible in a court of law, the state of California will have seriously undermined confidence in our electoral system and violated laws that protect our nation’s representative system of government.”
The litigation comes after the Justice Department sent a letter Tuesday giving California Secretary of State Shirley Weber 48 hours to take action regarding noncitizens on the voter rolls.
In a statement Wednesday regarding the demand letter from the Justice Department, California Secretary of State Shirley N. Weber was defiant.
“The USDOJ’s relentless efforts to unlawfully gain access to states’ protected voter data and purge voter rolls serve only to cause chaos and fuel public distrust in our elections,” Weber said.
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“California has robust state law requirements that only U.S. citizens can register to vote and that any non-eligible registrants are removed from the State’s voter rolls. My office and California election officials remain committed – as always – to ensuring a fair and smooth 2026 General Election,” Weber said.
Homeland Security Investigations analyzed publicly available voter-registration records to identify potential indicators that noncitizens that may have registered to vote, cast ballots, or received election-related mail.
“This preliminary analysis has identified a significant number of individuals in California who are likely noncitizens and appear to be registered to vote; the analysis and review remain ongoing,” said Homeland Security Secretary Markwayne Mullin. “This is completely unacceptable — as even one noncitizen vote cancels out the ballot of an American citizen and undermines our elections.”
The DOJ asked state officials to verify the individuals’ citizenship, temporarily segregate—not cancel—ballots for those whose citizenship could not be confirmed, withhold ballots not yet sent, and refrain from verifying signatures or counting returned ballots until the voter’s citizenship status was determined. It also asked Weber’s office to contact the Department of Homeland Security.
The Department of Justice says it will continue working to uncover cases of voter fraud, hold fraudsters accountable, and restore trust in American elections.
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