JUSTICE DEPARTMENT SUES CALIFORNIA OVER MORE THAN 20,000 SUSPECTED NONCITIZENS ON STATE VOTER ROLLS

LOS ANGELES, CALIFORNIA — The U.S. Department of Justice has filed a federal lawsuit against the State of California, alleging that more than 20,000 individuals identified as likely noncitizens are registered to vote and may receive mail-in ballots for the November 3, 2026, general election. Federal authorities are seeking court intervention to prevent ballots associated with those individuals from being counted until their citizenship status can be verified.

The civil complaint was filed on October 15, 2026, in the U.S. District Court for the Central District of California under case number 2:26-cv-12025. The lawsuit names the State of California, Secretary of State Shirley N. Weber, and Los Angeles County Registrar-Recorder/County Clerk Dean C. Logan as defendants. Weber and Logan are named in their official capacities.

The Justice Department, working with the Department of Homeland Security (DHS), alleges that California’s election administration procedures could facilitate unlawful voting by individuals who are not United States citizens. The central dispute concerns the state’s automatic distribution of mail-in ballots to registered voters and whether election officials must conduct additional citizenship verification after receiving federal information identifying potentially ineligible registrants.

Under California Elections Code Section 3000.5, election officials are required to mail ballots to every registered voter. The statewide system became permanent following legislation enacted in 2021, extending procedures initially introduced during the COVID-19 pandemic.

Federal law generally prohibits noncitizens from voting in elections for federal office under 18 U.S.C. § 611. The prohibition applies to elections involving the presidency, U.S. Senate, House of Representatives, and other specified federal positions. Federal law permits limited exceptions for qualifying nonfederal elections conducted separately from federal voting.

According to the complaint, U.S. Citizenship and Immigration Services (USCIS) reviewed California voter-registration information against federal immigration records to identify individuals whose records suggested they might not possess U.S. citizenship.

The screening process involved multiple stages of identity matching, additional data analysis, and examination of immigration records. USCIS reportedly classified potential matches according to confidence levels, with high-confidence matches requiring strong agreement across multiple identifying characteristics.

Investigators also examined available naturalization records, potential citizenship acquired through parents, Department of State information, and Social Security Administration records. A second-level review was conducted before the information was referred to Homeland Security Investigations (HSI) for further examination.

HSI subsequently performed additional data analysis intended to identify discrepancies and refine the list of suspected noncitizens. Federal authorities maintain that this process identified approximately 20,000 individuals who appeared to be registered California voters despite potentially lacking citizenship.

The findings remain preliminary. Identification through federal databases does not independently establish that every individual listed is a noncitizen, that an unlawful ballot was submitted, or that an illegal vote was counted.

The complaint states that federal officials previously notified California about concerns involving suspected noncitizens on its voter rolls. On October 13, 2026, the federal government provided Los Angeles County election officials with a list identifying more than 20,000 individuals it believed required additional citizenship verification. California Secretary of State Shirley N. Weber maintained that her office did not receive the list directly.

Federal authorities requested that California review the information and cooperate with federal investigators. If citizenship could not be independently established, the Justice Department sought to have ballots returned by the identified individuals separated from regular tabulation until their eligibility could be determined.

According to the lawsuit, the federal government established an October 15 deadline for California to complete its review. Prosecutors allege that state officials declined to undertake the requested verification process and that Los Angeles County officials rejected an encrypted storage device containing information about suspected ineligible voters.

The complaint also challenges California’s signature-verification procedures. Under state law, election officials compare signatures on returned mail-ballot envelopes against voter-registration records, with statutory protections directing officials to evaluate signatures in favor of the voter when appropriate.

Federal prosecutors argue that signature verification establishes a connection between a returned ballot and its registration record but does not independently resolve questions about citizenship eligibility.

The Justice Department maintains that California’s decision to continue processing ballots associated with individuals identified by federal agencies creates a conflict with federal election law.

Attorney General Todd Blanche characterized the allegations as a serious election-integrity concern and emphasized the federal government’s responsibility to investigate suspected unlawful voting. He stated that California could face legal accountability if a court determines that state officials violated applicable federal requirements.

DHS Secretary Markwayne Mullin said federal investigators compared publicly available voter-registration information with immigration records and identified individuals who appeared to be registered despite possible noncitizen status. Mullin acknowledged that the analysis remains ongoing.

Acting Deputy Attorney General Trent McCotter argued that California cannot knowingly facilitate voting prohibited under federal law, while First Assistant U.S. Attorney Bilal A. Essayli for the Central District of California stated that federal authorities had sought cooperation before initiating litigation.

California officials dispute the federal government’s allegations and the requested intervention.

In an October 15 written response, Secretary of State Shirley N. Weber challenged the reliability and completeness of the federal government’s information. She stated that her office had not received the underlying list directly and had previously requested supporting data and methodological information to evaluate federal claims about noncitizens appearing on voter rolls.

Weber also maintained that California requires voter-registration applicants to affirm U.S. citizenship under penalty of perjury and operates established procedures for maintaining voter-registration records.

The state argues that withholding ballots or preventing their tabulation solely on the basis of unverified federal database matches could interfere with the voting rights of eligible citizens.

Weber further cited the National Voter Registration Act, which restricts certain systematic voter-removal activities during the 90 days preceding a federal election. California maintains that imposing additional eligibility screening immediately before the November election could conflict with protections established under federal and state election laws.

The opposing positions create a legal dispute involving federal election authority, state election administration, voter eligibility, and protections against improper disenfranchisement.

The Justice Department bases its claim on the Supremacy Clause of the U.S. Constitution, which establishes that valid federal law takes precedence over conflicting state law. Prosecutors argue that California’s procedures cannot be applied in a manner that knowingly facilitates conduct prohibited under federal election statutes.

The complaint also invokes the Elections Clause, which assigns states responsibility for administering congressional elections while preserving Congress’s constitutional authority to regulate aspects of those elections.

Federal prosecutors are requesting declaratory and injunctive relief rather than criminal penalties against the named defendants. Specifically, the government wants the court to declare California’s challenged conduct unlawful as applied to the identified individuals and issue preliminary and permanent injunctions preventing their mail-in ballots from being tabulated until citizenship verification is completed.

The requested remedy is directed at ballots associated with the federal government’s identified voter list rather than a statewide suspension of mail-in voting.

The lawsuit arrives as California prepares for the November 3 general election, with mail ballots already being distributed. Los Angeles County began mailing ballots on October 1, placing the dispute within the active election-administration period.

The timing creates practical and legal questions concerning how election officials could investigate thousands of registrations, determine citizenship status accurately, and preserve the voting rights of individuals who are ultimately confirmed eligible.

A central issue for the court will be whether the government’s identification procedures and supporting evidence justify the requested restrictions. The court must also consider whether California’s actions conflict with federal law and whether the requested injunction satisfies the legal requirements for emergency judicial relief.

The Justice Department’s filing does not establish that 20,000 noncitizens voted illegally. Nor does it constitute a judicial finding that California knowingly permitted unlawful ballots to be counted. Those questions remain subject to evidence, legal argument, and court review.

The case represents a significant federal-state confrontation over election administration shortly before a national election. Its immediate outcome will depend on whether the federal court grants the government’s request to separate and withhold the identified ballots from tabulation pending further citizenship verification.

As of the October 15 filings, the allegations remain contested, and no final judicial determination has established that California violated federal election law.

U.S. Department of Justice, United States of America v. State of California, Shirley N. Weber, and Dean C. Logan, Complaint for Declaratory and Injunctive Relief, Case No. 2:26-cv-12025, U.S. District Court for the Central District of California, filed October 15, 2026. (Free Download)

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