The Trump administration is escalating its legal battle with California ahead of the midterm elections, warning that local officials who process ballots from suspected noncitizen voters face potential criminal investigation. The warning comes less than three weeks before the November 3 election and follows a federal lawsuit aimed at preventing the state from counting certain mail-in ballots.

What are the legal risks for officials?

A letter from acting deputy attorney general Trent McCotter warned that knowingly facilitating noncitizen voting is unlawful. The Department of Justice (DOJ) claims that if officials tabulate ballots from individuals identified by federal agencies as noncitizens, they could be charged as aiders and abettors to a federal crime.

Key details regarding the warning include:

  • The letter was addressed to the Los Angeles County Counsel and copied to California Secretary of State Shirley Weber.
  • The DOJ claims it provided a list of individuals believed to be likely noncitizens via a password-protected thumb drive.
  • The administration recently sued the state to block the counting of mail ballots from these identified individuals.

How has California responded?

California officials have pushed back against the federal government's assertions. Los Angeles County Registrar Dean Logan stated his office is focused on a secure election and suggested the matter should be resolved in court. He described the DOJ's claims as "unverified assertions of voting eligibility."

Secretary of State Shirley Weber previously stated that the DOJ's efforts to purge voter rolls serve only to "cause chaos and fuel public distrust in our elections." Additionally, Los Angeles County Counsel Dawyn R. Harrison noted that the county could not comply with certain requests because the administration failed to explain how its list of suspected noncitizens was compiled.

FAQ

Is noncitizen voting legal in federal elections?

According to the Justice Department, noncitizen voting in a federal election is a federal crime.

What did President Trump say about the warning?

Sharing the letter on Truth Social, President Trump claimed that officials "will all go to jail for a long period of time!!!"