Key facts
- The Justice Department sent a letter to California officials on Tuesday threatening legal action.
- The letter demands California review a list of alleged noncitizen voters within 48 hours.
- Acting Deputy Attorney General R. Trent McCotter wrote the letter to California Secretary of State Shirley Weber.
- The federal government believes individuals on the list are noncitizens who received mail-in ballots.
- Ballots from these individuals should be segregated and not tabulated until citizenship is determined.
- The Justice Department stated that allowing noncitizens to vote cancels citizen votes.
The U.S. Justice Department has issued an ultimatum to California officials, demanding they review a list of alleged noncitizen voters within 48 hours or face legal action. The letter, sent by acting Deputy Attorney General R. Trent McCotter to California Secretary of State Shirley Weber, states that the federal government believes individuals on the provided list are noncitizens who received mail-in ballots. The department insists that these ballots must be segregated and not counted until citizenship is confirmed, arguing that noncitizen voting disenfranchises citizens.
This action represents an escalation of the Trump administration's efforts to address claims of noncitizen voting ahead of the upcoming elections. Justice Department spokeswoman Kiersten Pels confirmed the letter and stated the department would take necessary legal steps to protect election integrity. The administration has repeatedly asserted that noncitizen voting is widespread, a claim contradicted by various studies indicating it is rare. While errors have led to some noncitizens being added to voter rolls, experts suggest the numbers are too small to influence election outcomes.
In July, the Justice Department had already warned all 50 states about potential criminal prosecution for knowingly allowing noncitizens on voter rolls or to cast ballots. The Civil Rights Division has sought nonpublic voter data from most states, though it has faced legal setbacks, losing 26 out of 30 cases where states refused to comply. The Department of Homeland Security has also been reportedly using commercial data brokers to identify potential noncitizen voters, raising concerns about false flagging of citizens. Federal prosecutors have increased prosecutions of noncitizens for alleged voting or fraudulent registration, announcing 16 new cases recently. California officials have previously clashed with the Trump administration over election integrity allegations.