DOJ Warns California Over Alleged Noncitizen Ballots Ahead of Midterms
The U.S. Justice Department has told California it may sue unless the state reviews a federal list of people it suspects are noncitizens who were mailed ballots for the Nov. 3 election. A letter to Secretary of State Shirley Weber gives California 48 hours to check the names and set aside ballots from anyone whose citizenship cannot be confirmed. Federal officials have prioritized noncitizen voting cases this year, though such incidents are extremely rare.
On Tuesday, federal officials sent California a letter demanding a 48-hour review of a password-protected list given to Los Angeles County. The list identifies people the government suspects are noncitizens who were mailed ballots for the Nov. 3 midterms. California sends ballots to every registered voter, and officials were told to separate questionable mail-in ballots and withhold ballots not yet issued.
Similar pressure has faced other states. In July, Homeland Security alleged up to 250,000 noncitizens were registered across California, Nevada, New Jersey and Pennsylvania, but Nevada's claimed 1,500 cases reportedly fell to zero. DOJ has charged about 90 election misconduct cases this year, including 50 alleged noncitizen voting cases, amid more than 227 million registered voters in 2024.
The dispute could heighten uncertainty for California voters, especially those wrongly flagged, who may face delays or extra scrutiny before their mail ballots are counted. It may also intensify broader tensions over federal election oversight and state privacy authority, potentially shaping how election officials communicate with voters and prepare for future contests. Because noncitizen voting is extremely rare, the practical effect may be limited, but the legal fight could still influence public confidence and election administration.