The U.S. Department of Justice sent a letter to Los Angeles County election officials on Friday, warning that processing or tabulating ballots from individuals identified as noncitizens could expose them to criminal prosecution for aiding a federal crime. The warning came one day after the DOJ sued California to block the counting of mail ballots from people the federal government has labeled as "likely" noncitizens until their immigration status is verified.
The letter, authored by Trent McCotter, the acting deputy attorney general, stated that noncitizen voting in a federal election is a federal crime, and that knowingly facilitating such conduct—including by election workers—carries significant legal consequences. McCotter added that individuals who tabulate ballots from noncitizens identified by federal agencies "risk becoming aiders and abettors to a federal crime."
The DOJ’s warning was publicly amplified by former President Donald Trump, who posted the letter on his social media platform, writing: "They will all go to jail for a long period of time!!" Trump has repeatedly emphasized noncitizen voting as a key issue, despite limited evidence of widespread fraud.
Los Angeles County Registrar Dean Logan responded to the DOJ’s letter, stating that his office remains focused on conducting a fair and secure election. Logan added that the federal government’s claims about voter eligibility are unverified and that the matter should be resolved in court. California Secretary of State Shirley Weber and other state officials did not immediately respond to requests for comment.
The DOJ’s legal action follows a broader federal push to address allegations of noncitizen voting, including the arrest of dozens of individuals in recent weeks for allegedly voting in past elections despite being noncitizens. However, the number of cases remains small relative to the scale of elections and has not been shown to impact outcomes.
The dispute centers on a federal lawsuit filed Thursday, which seeks to prevent California from counting mail ballots from individuals flagged by federal agencies as likely noncitizens. The lawsuit argues that the state has failed to adequately purge noncitizens from voter rolls, a claim California officials dispute. The DOJ contends that processing ballots from ineligible voters constitutes a violation of federal law, while California maintains that the federal government’s assertions lack sufficient verification.
Election Day is 18 days away, and the legal battle has intensified as both sides prepare for potential court proceedings. The outcome of the dispute could set a precedent for how voter eligibility challenges are handled in future elections.