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DOJ Sues California Over 20,000 Alleged Noncitizens on Voter Rolls, Seeks Ballot Holds

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41

Why it matters

The Justice Department sued California on Thursday over a list of more than 20,000 registered voters it says are likely noncitizens. The complaint, led by Attorney General Todd Blanche, asks the court to bar California from tabulating mail-in ballots cast by those individuals until their citizenship status is effectively determined. Defendants include Secretary of State Shirley Weber and Los Angeles Registrar-Recorder Dean Logan. The list draws on an analysis by Homeland Security Investigations, which reviewed publicly available voter-registration records for indicators that noncitizens had registered, voted or received election mail. Before filing, DOJ sent letters on Tuesday to the state and local election officials, threatening legal action unless they cross-referenced the data. Governor Gavin Newsom criticized the suit as conflicting with election procedures that restrict changes in the weeks before an election, and California officials dispute the claims.

The government's noncitizen figures come from a federal analysis, not a verified finding. The state says DHS has not provided the underlying data or methodology, and California has not opened a USB drive DOJ supplied, citing security concerns about the device. Common Cause has argued in a court filing that the October 13 letters and the California complaint may violate an October 9 order by U.S. District Judge Sparkle Sooknanan. That order vacated DOJ's internal "list maintenance project," finding the administration had exceeded its authority and violated privacy laws. Whether the complaint conflicts with that order has not been resolved.

The filing lands less than three weeks before Election Day, after mail-in ballots had already gone out. California automatically mails a ballot to every registered voter, so the flagged individuals already have ballots covering state, local and federal races. The case tests whether federal authorities can require states to hold or verify specific ballots on short deadlines, and whether the noncitizen figures survive judicial scrutiny. Watch for the court's response to the request to halt tabulation, any ruling on whether the suit violates Sooknanan's order, and whether DHS releases its data. President Trump has publicly warned that California officials could face jail time if the state ignores the suit. Election counsel in California and other states named in similar DOJ suits should track the outcome closely.

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