With voting underway, Trump administration sues California to block counting alleged noncitizen mail ballots

Federal lawsuit targets ballots
The lawsuit, filed Thursday, asks a judge to bar California from tabulating mail-in ballots from people the federal government considers likely noncitizens. It seeks to keep those ballots apart until each voter’s citizenship status is determined.
The Justice Department says California did not make a serious effort to work with the federal government to identify noncitizens registered to vote. Its request followed a letter from acting Deputy Attorney General Trent McCotter setting a 48-hour deadline to review the names.

Dispute over the voter list
The federal government provided California with a password-protected thumb drive listing 20,000 people it believes may not be citizens and who were sent ballots for the Nov. 3 election. California mails ballots to all registered voters.
Secretary of State Shirley Weber said the government has not supplied evidence supporting its claim. She cited Nevada, where officials found that all of nearly 16,000 people flagged by the federal government were U.S. citizens.
State officials reject demand
Weber said voting has already started and described the federal request as a threat to Californians’ voting rights based on information the government has not explained. She also said California elections comply with federal law.
Los Angeles County Registrar Dean Logan said his office received the thumb drive and a handwritten password this week. He questioned the device’s security; the secretary of state’s office said the password was on a sticky note.
Officials cite earlier figures
Weber said the Department of Homeland Security claimed over the summer that 190,000 noncitizens appeared on California voter rolls, but did not provide the requested methods or data sources. The Justice Department’s later list named 20,000 people.
Attorney General Rob Bonta said California would not follow the request to withhold ballots. He said the administration’s figures had fallen by 170,000, asking, “What happened to those 170,000?” Bonta also argued that the administration was violating a federal law barring voter-roll changes within 90 days of an election.
Key points
- The Justice Department wants California to hold mail ballots from people it labels likely noncitizens.
- Its list names 20,000 people, and California was given 48 hours to review it.
- California officials say the government has not substantiated its claims and will not withhold ballots.
- Voting is underway, and officials dispute how the federal government assembled its list.