The U.S. Justice Department has given California election officials 48 hours to review a list of registered voters suspected of being noncitizens who may have received mail ballots ahead of the November midterm elections. Failure to comply could result in legal action, according to a letter obtained by multiple outlets.
Justice Department demands immediate review
In a letter dated October 13, acting Deputy Attorney General R. Trent McCotter instructed California Secretary of State Shirley Weber to verify the citizenship status of individuals on a provided list. The letter, addressed to Weber but also sent to county election officials, warns that if the state does not act within the deadline, the federal government will pursue emergency legal relief. The Justice Department provided a password-protected thumb drive containing the names of individuals it believes are likely noncitizens and were sent mail-in ballots.
The letter specifies that for individuals whose citizenship cannot be independently confirmed, California must segregate their ballots until their status is verified. Ballots already returned should not be counted until citizenship is determined. The federal government also demands that no additional ballots be sent to individuals on the list until their status is confirmed.
California responds with no immediate comment
Neither Weber’s office nor the Los Angeles County Registrar’s office responded to requests for comment. A Justice Department spokeswoman, Kiersten Pels, confirmed the letter’s existence in a statement to Reuters, asserting that the department would take all necessary legal action to protect election integrity.
Background and broader context
The demand follows a July letter from Department of Homeland Security Secretary Markwayne Mullin to Weber, in which he indicated the federal government believed noncitizens were listed on California’s voter rolls. The Justice Department’s Civil Rights Division has previously filed 31 lawsuits against states, seeking unredacted voter rolls to ensure compliance with federal law. The division has stated its goal is to maintain clean voter lists, though it has also indicated an intent to share data with other agencies.
The latest action reflects an escalation in federal scrutiny of state voter registration processes, particularly in states with mail-in voting systems. The Justice Department’s letter signals potential legal challenges in the weeks leading up to the November 3 midterm elections, where Republicans are defending narrow majorities in Congress. The federal government has framed the issue as a matter of election integrity, while critics argue the move could disenfranchise eligible voters pending verification.
What’s next
California officials have until October 15 to respond to the Justice Department’s demands. If the state does not comply, the federal government has indicated it will pursue emergency legal relief to enforce its requests. The outcome could set a precedent for how similar disputes are handled in future elections.