DOJ asks a federal court to bar California from counting mail ballots from about 20,000 “likely noncitizens,” 19 days before the election

What happened

On July 16, 2026, Homeland Security Secretary Markwayne Mullin wrote California that more than 190,000 registered voters “may be” noncitizens. Secretary of State Shirley Weber asked for the data and methodology on July 23. She wrote that DHS never provided either.

On October 13, DOJ gave Los Angeles County an encrypted thumb drive with more than 20,000 names. The names came from U.S. Citizenship and Immigration Services and Homeland Security Investigations, which call the people “likely noncitizens.” A letter from Acting Deputy Attorney General R. Trent McCotter told California to set aside their mail ballots and not count them unless citizenship was confirmed, by noon Eastern on October 15. The county declined to open the drive.

DOJ sued on October 15. The complaint names the state, Weber and Los Angeles registrar Dean Logan. It states that it is “not practicable or feasible” for the United States to investigate “thousands, let alone tens of thousands” of people before the election ends.

On October 16, Acting Deputy Attorney General Trent McCotter warned Los Angeles officials that people who “knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens” risk “becoming aiders and abettors to a federal crime.” His letter cites 18 U.S.C. § 611 and § 2. DOJ’s own complaint calls the people on its list “likely” noncitizens.

Who benefited

DOJ and DHS put the 20,000 figure on the record for the first time in this filing. The complaint accuses California of “knowingly” facilitating unlawful voting and cites the federal aiding-and-abetting statute, 18 U.S.C. § 2. It came three weeks before the election, with mail ballots already out. As of October 17, the sources reviewed reported no ruling and no hearing date.

Who wanted something

DOJ said it wanted to stop “dilution” of citizens’ votes. Attorney General Todd Blanche called the situation “state-facilitated voter fraud.” Mullin said the analysis was “preliminary” and review was ongoing. First Assistant U.S. Attorney Bill Essayli said California officials “refused” to remove noncitizens from the rolls or set aside ballots.

Who lost out

About 20,000 registered California voters were named on a list that California officials said they could not check. Weber wrote that she would not “disenfranchise thousands of Californians” on an “unsupported and likely inaccurate” belief. Logan said the file listed addresses statewide, with no county sort and no stated method. DHS’s similar claim in Nevada fell from 15,903 names to 185, then to zero, according to Democracy Docket.

Why it matters

The relief DOJ asked for would have California hold back ballots from voters on a list DOJ calls “likely,” while its complaint says it cannot verify them before the election. Weber’s letter cites an October 9 ruling in Washington that called federal citizenship records “known to be unreliable.” Common Cause asked that court for a status conference, saying the California suit may violate its October 9 order.

Sources U.S. Attorney's Office, Central District of California (primary)U.S. District Court, Central District of California (via Democracy Docket) (primary)California Secretary of State (primary)Democracy DocketAssociated Press via PBS NewsHourABC News