The federal government sued California Thursday, seeking to prevent election officials in Los Angeles County and across the state from tallying votes by roughly 20,000 suspected non-citizens in the upcoming election.
The filing came two days after Acting Deputy U.S. Attorney General Trent McCotter sent demand letters to the Los Angeles County Registrar-Recorder/County Clerk’s Office and California Secretary of State’s Office, calling on them to provide proof of citizenship for voters the federal government flagged as being possible non-citizens
McCotter’s letter to Los Angeles County Registrar-Recorder/County Clerk Dean Logan was accompanied by a “password-protected thumb drive” with a list of names the government “believes are non-citizens who were sent a vote-by-mail ballot” for the Nov. 3 election.
“We request that you review the list within 48 hours to determine whether any citizens are listed,” according to the letter. “For individuals whom you cannot independently confirm citizenship status, we request that you immediately instruct the appropriate elections officials to segregate — not cancel — those individuals’ vote-by-mail ballots until their citizenship status can be determined.”
Logan and the Secretary of State’s Office, however, refused to comply.
Secretary of State Shirley Weber issued a statement Wednesday saying the federal government’s “relentless efforts to unlawfully gain access to states’ protected voter data and purge voter rolls serve only to cause chaos and fuel public distrust in our elections.”
“California has robust state law requirements that only U.S. citizens can register to vote and that any non-eligible registrants are removed from the state’s voter rolls,” she said. “My office and California election officials remain committed — as always — to ensuring a fair and smooth 2026 General Election.”
Gov. Gavin Newsom, writing on X, called the federal government’s demand “a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day. Courts have made clear the federal government has no role in running state elections. We will defend free and fair elections in the Golden State and call out every authoritarian attempt to undermine our democracy.”
The letters from the federal government noted that if the state refused to comply with the demand for proof of citizenship, it could take court action to force the issue. First Assistant U.S. Attorney in Los Angeles Bill Essayli confirmed Thursday morning that court action was taken.
“We gave California 48 hours to review and flag more than 20,000 noncitizen voters recently mailed live ballots,” Essayli wrote on X. “California refused. This morning we filed a federal court action seeking an emergency order requiring California to sequester ballots returned by suspected noncitizens.
“This is not political or controversial. (Federal law) makes it a federal offense for noncitizens to vote in a federal election. We will not allow California to dilute the votes of American citizens.”
Logan acknowledged Wednesday that Los Angeles County had received a thumb drive and a handwritten note with a password. But he said his office did not attempt to look at it, “because doing so would conflict with established data privacy and information security protocols.”
“We do not consider the device a secure medium,” Logan said in a statement. “Additionally, the letter does not specify the number of individuals involved or describe the information contained in the records.
“Maintaining accurate voter registration records is a fundamental responsibility of our office,” he said. “Federal and state laws are clear on how voter eligibility is established — and any action to remove a voter from eligibility must be based on verifiable information, not assertions of unconfirmed data matching.
“With the 2026 General Election underway, we remain focused on administering a safe, secure, accurate, and transparent election. We will continue following established legal requirements and verification procedures while protecting the rights of every eligible voter.”
According to Weber’s office, federal officials claimed in July that California had 190,000 non-citizens on its voter rolls, but when her office asked for proof of their claims, “they refused and provided California with nothing.”
The Trump administration has long asserted that large numbers of non-citizens were casting ballots in California and elsewhere, although officials have never provided any proof or documentation of such sweeping fraud.
Federal prosecutors — including Essayli — have announced a variety of criminal cases filed in recent months against individuals suspected of voter fraud. Essayli’s office most recently charged a Honduran national living in Winnetka with fraudulently registering to vote in U.S. elections.
Also last month, a Victorville man was among three people charged with allegedly paying people on Skid Row in downtown Los Angeles to sign petitions using identities of registered voters to qualify initiatives for ballots in California elections.
The DOJ issued a statement Tuesday saying the letters sent to California election officials “should not be controversial, as the criminal statute is clear: only American citizens may vote in federal elections. It is a federal crime for non-citizens to vote in U.S. elections, and the DOJ is asking California to ensure that is not occurring.”
McCotter’s letter to Logan stated, “Allowing non-citizens to vote cancels citizen votes. States are responsible for voter registration, and the federal government is responsible for maintaining immigration records to enable verification of citizenship. Working together, we can more effectively protect against voter dilution and promote election integrity.”