The Trump administration sued California election officials Thursday, seeking to prevent the state from counting mail-in ballots for next month’s midterm elections from individuals the federal government has identified as "likely" noncitizens. The legal action aims to halt the tabulation of these specific votes until their citizenship status can be confirmed.

What is the basis of the lawsuit?

The Department of Justice filed the civil complaint in U.S. District Court in Los Angeles. The lawsuit follows a dispute regarding a list of 20,000 names that the federal government claims includes likely noncitizens who were sent ballots for the Nov. 3 election.

According to the Department of Justice, California officials failed to meet a 48-hour deadline to review a password-protected thumb drive containing the names. The federal government is asking a judge to order the state to set aside these ballots and verify the status of each voter before any votes are tallied.

How has California responded?

California Secretary of State Shirley Weber has rejected the allegations, stating that the federal government has not provided evidence to support its claims. Weber noted that the state's elections are in "full compliance" with federal law. She further argued that the federal government is demanding "unprecedented measures" based on information that remains unverified.

Other officials have raised concerns regarding the process:

  • Los Angeles County Registrar Dean Logan stated he did not consider the provided thumb drive a secure device.
  • The secretary of state's office noted the password for the drive was provided on a sticky note.
  • Governor Gavin Newsom characterized the legal action as "dangerous nonsense."

Why does this matter for the midterms?

With the midterm elections less than three weeks away, the legal battle creates significant tension over how states manage voter rolls. While non-citizens are prohibited from voting in federal elections, the dispute centers on whether the federal government's methodology for identifying them is valid and whether the state can verify such claims in time for the vote.

FAQ

Are non-citizens allowed to vote in federal elections?

No, non-citizens are legally barred from participating in federal elections.

What is the specific goal of the DOJ lawsuit?

The lawsuit asks a judge to prevent California from counting mail-in ballots from people identified as likely noncitizens until their status is determined.