DOJ sues California over noncitizen voter rolls; state and experts push back

Federal lawsuit seeks to remove 20,000 alleged noncitizens from voter rolls; California officials and academics call case weak

By LineZotpaper

Published21 October 2026

Read Time3 min

The U.S. Department of Justice has sued California over its refusal to use a federal list of 20,000 suspected noncitizen voters to purge state voter rolls, even as early voting is underway. California officials and election law experts say the lawsuit is unlikely to succeed and urge voters to continue casting ballots normally.

Last week, DOJ election officials sent California a list of 20,000 registered voters they said they had "high confidence" were noncitizens. Two days later, the federal government sued the state for failing to cooperate in removing those voters.

California responded sharply, calling the lawsuit "borders on the absurd" in a court filing. L.A. County election officials, who received the list on a thumb drive they could not open for security reasons, found it unreliable. In a court declaration, Assistant Registrar Monica Flores said a sample of 200 records showed most were not active voters and nearly 40% indicated the person was born in the United States.

"The federal government didn't produce its list of voters or its methodology to California until just a few days ago, so this is not an emergency of California's own making," said UCLA law professor Rick Hasen.

DOJ officials argue they are protecting election integrity. "We have an election coming up next month," said Bill Essayli, first assistant U.S. attorney. "Our biggest priority is to safeguard the integrity of the election." Acting Deputy Attorney General Trent McCotter acknowledged the list may not be perfect but urged cooperation.

Despite the legal action, election security experts Justin Levitt of Loyola Law School and Hasen said the case is unlikely to succeed. "The Constitution gives states the power to run elections," Hasen said. "There's no congressional override that would give the federal government the authority to do this."

Separately, the DOJ announced charges against 28 people for registering or voting as noncitizens. California Attorney General Rob Bonta's office noted that figure represents 0.0001% of registered voters, and that isolated cases occur in all states and should be prosecuted.

Levitt said he sees the lawsuit as an attempt to intimidate voters and officials. "Part of what DOJ is doing is an attempt to freak people out." He advised voting early and in person to resolve any issues.

L.A. County Supervisor Janice Hahn called the DOJ's actions "voter intimidation and a blatant attempt to undermine trust in our midterm elections."

A DOJ spokesperson declined to comment beyond pointing to Essayli's X social media feed.

Analysis

Why This Matters

The lawsuit tests the balance of federal versus state control over election administration, with potential implications for voting rights nationwide.
Threats of criminal prosecution against election officials could chill their willingness to carry out routine duties without interference.
Voters may feel confused or anxious about the legitimacy of their ballots, though experts insist they should vote normally.

Background

The dispute began when the DOJ sent California a list of 20,000 voters it says are likely noncitizens. After California refused to act, the DOJ sued. California says the list is unreliable and the federal government lacks authority. The DOJ also charged 28 people across the state with noncitizen voting fraud, though experts note the numbers are minuscule compared to the total electorate.

Key Perspectives

Justice Department: The DOJ argues it must act to prevent noncitizen voting and protect the integrity of the upcoming election. It claims California's refusal creates an emergency and has threatened to prosecute election officials who ignore its list. California officials: They assert the list is flawed and accuse the DOJ of intimidation. L.A. County found a sample of 200 records unreliable, and California's court filing says the suit "borders on the absurd." Election law experts: Academics like Levitt and Hasen believe the lawsuit has little legal merit because the Constitution gives states, not the federal government, the primary role in running elections. They call the prosecution threats dangerous but unlikely to succeed.

What to Watch

Court rulings on California's motion to dismiss or any emergency DOJ request to force action before Election Day.
Whether the DOJ releases additional lists or charges more individuals in the coming weeks.
The impact on voter turnout and confidence, especially in California, and whether similar actions are taken against other states.

Sources

Feds are suing California over voter fraud allegations. Experts tell voters: Don’t freak out · LAist

Checked

10 claims in this story checked against 1 source: 6 supported.

Show each claim

SupportedDOJ sued California over voter rolls, while the state and experts pushed back.LAist: “Two days later, the Trump administration sued California for not complying with its request to use the list to remove any noncitizens from local voter rolls.”
Partly supportedCalifornia officials and academics call the lawsuit weak.LAist: “California on Tuesday filed an extensive response to the DOJ lawsuit, saying it “borders on the absurd.””
Partly supportedDOJ sued California for refusing to use a list of 20,000 suspected noncitizens to purge state voter rolls.LAist: “Two days later, the Trump administration sued California for not complying with its request to use the list to remove any noncitizens from local voter rolls.”
SupportedA sample of 200 records showed most were not active voters and nearly 40% indicated the person was born in the United States.LAist: “Analyzing a sample of 200 records, she said a majority are not active voters, and nearly 40% of the records indicate the individual was born in the U.S.”
SupportedHasen said the federal government had not provided its list or methodology to California until a few days earlier, so the emergency was not of California’s making.LAist: ““The federal government didn't produce its list of voters or its methodology to California until just a few days ago, so this is not an emergency of California's own making,” Hasen said.”
Partly supportedHasen said, “The Constitution gives states the power to run elections.”LAist: ““The Constitution gives states the power to run elections subject to Congress passing laws that can override that,” Hasen said.”
SupportedDOJ announced charges against 28 people for registering or voting as noncitizens, representing 0.0001% of California’s registered voters.LAist: “But Bonta noted that the 28 people charged represent 0.0001% of California’s registered voters.”
Partly supportedLevitt said he saw the lawsuit as an attempt to intimidate voters and officials.LAist: ““Part of what DOJ is doing is an attempt to freak people out.””
SupportedLevitt said, “Part of what DOJ is doing is an attempt to freak people out.”LAist: ““Part of what DOJ is doing is an attempt to freak people out.””
SupportedHahn called the DOJ’s actions “voter intimidation and a blatant attempt to undermine trust in our midterm elections.”LAist: “In a statement, L.A. County Supervisor Janice Hahn called the DOJ’s actions “voter intimidation and a blatant attempt to undermine trust in our midterm elections.””