California county registrars ordered to sequester 'likely' noncitizen ballots, DOJ escalates legal battle

Federal prosecutors demand identifying information on suspected noncitizen voters as midterm voting is underway

By LineZotpaper AI staff

Published24 October 2026

Read Time2 min

Federal prosecutors sent letters to county registrars across California on Friday demanding they set aside and verify ballots that the Department of Justice said may belong to noncitizens, escalating a legal battle between the Trump administration and the state ahead of the midterm elections.

The letters, sent to at least 18 counties, gave local officials a 48-hour deadline to provide identifying information about voters the federal government believes are noncitizens illegally registered to vote. County registrars were also asked to sequester any ballots where citizenship cannot be verified.

The move is the latest step in a federal effort to root out noncitizen voting. The Justice Department previously sued California to block Los Angeles County and the state's secretary of state from counting the votes of roughly 20,000 people described as "likely" noncitizen voters. A hearing on that case is scheduled for Tuesday. The Trump administration has also asked the Ninth Circuit Court of Appeals to rule on the lawsuit.

“Any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy,” said first assistant US attorney Bill Essayli.

The letters came after federal authorities charged 28 people from the list of 20,000 with illegally registering to vote. Some were also charged with illegally voting and lying on naturalization paperwork, offences that could carry years in prison.

California's secretary of state and the Los Angeles County registrar have opposed the federal demands. In legal filings, lawyers for the state argued that the request threatens to delay certification of the vote and undermine the legitimacy of the November midterms. They also said the federal government's data is unreliable and that the demands risk disenfranchising citizens.

Voting is already under way in California, with more than 23 million registered voters receiving mail-in ballots earlier this month. The state said in legal filings that over 330,000 mail-in ballots have already been counted.

Research has found that illegal voting by noncitizens is extremely rare and has not been shown to alter election outcomes.

Analysis

Why This Matters

The dispute pits federal election enforcement against state voting authority, raising questions about who ultimately oversees election administration.
With midterm voting already in progress, any mass sequestration or verification delays could create confusion and undermine confidence in the results.
If the court or appeals process does not resolve the matter quickly, California's vote certification could be legally challenged, setting a national precedent.

Background

The Justice Department under President Trump has increasingly targeted California over its voting practices. Earlier this month, the federal government filed a lawsuit seeking to prevent Los Angeles County and the California secretary of state from counting ballots of people the government believes are noncitizens. The state has pushed back, arguing the federal data is flawed and that the demands are incompatible with state election laws. The Ninth Circuit could be asked to decide the case if the district judge does not rule before a Saturday deadline.

Key Perspectives

Department of Justice: Says the letters are necessary to ensure election integrity and warned that any official who knowingly processes a noncitizen's ballot faces legal jeopardy. California officials: Argue the federal request threatens to delay certification of the vote, that the government's data is unreliable, and that the demands risk disenfranchising eligible citizens.

What to Watch

The hearing Tuesday in the lawsuit over the 20,000 "likely" noncitizen voters and whether the district judge issues a ruling before the Saturday deadline.
How county registrars respond to the 48-hour deadline and whether they comply with the request to sequester ballots.
The outcome of the 28 criminal charges already filed and whether additional charges follow from the latest list of suspected noncitizen voters.

Sources

California officials ordered by DoJ to set aside ‘likely’ noncitizen ballots · The Guardian

Checked

12 claims in this story checked against 1 source: 11 supported.

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SupportedCounty registrars were ordered to sequester “likely” noncitizen ballots.World news | The Guardian: “California officials ordered by DoJ to set aside ‘likely’ noncitizen ballots.”
SupportedThe DOJ’s letters escalated its legal battle with California.World news | The Guardian: “The letters are the latest escalation in a legal battle between California and Donald Trump’s Department of Justice”
SupportedFederal prosecutors demanded identifying information about suspected noncitizen voters while midterm voting was underway.World news | The Guardian: “They have been given a 48-hour deadline to provide identifying information corresponding with ballots that the federal government believes were sent to noncitizens illegally registered to vote.”
SupportedOn Friday, federal prosecutors sent letters demanding that California county registrars set aside and verify ballots the DOJ said may belong to noncitizens.World news | The Guardian: “Federal prosecutors sent letters to county registrars across California on Friday demanding that local officials set aside and verify ballots that the Department of Justice said may belong to noncitizens”
SupportedAt least 18 California counties received similar letters.World news | The Guardian: “at least 18 counties across the state have received similar letters.”
SupportedThe counties had 48 hours to provide the requested identifying information.World news | The Guardian: “They have been given a 48-hour deadline to provide identifying information”
SupportedCounty officials were asked to sequester ballots for which citizenship could not be verified.World news | The Guardian: “The letter requests that county officials also sequester any ballots where citizenship cannot be verified.”
SupportedThe DOJ sued California officials to block the counting of votes from roughly 20,000 people described as likely noncitizen voters.World news | The Guardian: “a lawsuit that aimed to block them from counting the votes of roughly 20,000 people who are “likely” noncitizen voters.”
SupportedA hearing on the case was scheduled for Tuesday.World news | The Guardian: “A hearing on the case is scheduled for Tuesday.”
SupportedFirst assistant US attorney Bill Essayli said, “Any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy.”World news | The Guardian: ““Any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy,” said first assistant US attorney Bill Essayli.”
SupportedFederal authorities charged 28 people from the list of 20,000 with illegally registering to vote; some also faced charges of illegally voting and lying on naturalization paperwork.World news | The Guardian: “28 people from the list of 20,000 were charged with illegally registering to vote. Some were also charged with illegally voting and lying on naturalization paperwork.”
Partly supportedResearch has found that illegal voting by noncitizens is extremely rare and has not been shown to alter election outcomes.World news | The Guardian: “Data shows illegal voting by people who are not US citizens is incredibly rare, difficult to prove and has not been shown to change the outcome of races.”