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US Justice Department Sues California Over Mail-In Ballot Citizenship Checks

Federal lawsuit seeks to force state to segregate ballots from voters identified as likely noncitizens

By LineZotpaper
Published
Read Time2 min
Sources2 outlets
The U.S. Department of Justice sued California on Thursday, escalating a dispute over how to prevent noncitizens from voting in federal elections, asking a federal judge to order the state to set aside mail ballots from voters the government says are likely noncitizens until their citizenship status is verified.

The civil complaint, filed in U.S. District Court in Los Angeles, comes after the DOJ gave California 48 hours to act on a list of voters it believes are likely noncitizens who were sent ballots for the Nov. 3 election. The department wants the state to segregate those ballots and not count them until citizenship is confirmed.

Acting U.S. Deputy Attorney General Trent McCotter, in a letter to California Secretary of State Shirley Weber on Tuesday, said the state needed to tell local election officials to separate the ballots and not send ballots to anyone identified who had not yet received one. "If you cannot implement this process by then, given the ongoing federal election, the United States will have no choice but to seek emergency relief," McCotter wrote.

California Governor Gavin Newsom responded sharply on social media, calling the suit "more dangerous nonsense from a President losing his grip on reality." He accused Trump of demanding that California election officials violate federal law. "California's elections are NOT Donald Trump's to control. We will ensure EVERY California voter can participate in a free and fair election," Newsom wrote.

Weber's office issued a statement Thursday pushing back against the DOJ's actions. The suit is the latest in a series of Trump administration moves targeting state election administration, which the president has often criticized as vulnerable to fraud and noncitizen voting.

Noncitizens are already barred from voting in federal elections. The DOJ previously gave Los Angeles County officials a thumb drive containing the list of questioned names.

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Analysis

Why This Matters

  • The lawsuit directly affects how California processes mail-in ballots for the upcoming federal election, potentially disenfranchising legitimate voters if the DOJ's list contains errors.
  • It represents a major federal-state confrontation over election administration, testing the limits of federal power under the Constitution's Elections Clause.
  • The outcome could set a precedent for how states verify voter citizenship in federal elections nationwide.

Background

The dispute centers on the Trump administration's efforts to prevent noncitizens from voting in federal elections, which is already illegal. The DOJ has previously taken actions against states over election procedures, arguing that federal law requires states to maintain accurate voter rolls. California, which has expansive mail-in voting, has pushed back, asserting its authority to administer elections and warning that federal demands could suppress legitimate votes.

Key Perspectives

The Trump administration and Department of Justice: They argue that preventing noncitizen voting is a federal priority and that California must cooperate by segregating ballots from individuals federal databases have flagged as likely noncitizens, pending verification. California Governor Gavin Newsom and state officials: They maintain that the federal demand oversteps, violates federal voting law, and attempts to control state-run elections. Newsom accused Trump of losing his grip on reality. Election integrity advocates and critics: Some support federal efforts to ensure only citizens vote, while others warn that flawed government databases could wrongly flag eligible voters, leading to disenfranchisement.

What to Watch

  • The federal court's response to the DOJ's request for emergency relief, possibly before the Nov. 3 election.
  • Whether California segregates any ballots voluntarily or defies a court order.
  • The accuracy of the DOJ's list of "likely noncitizens" and any evidence of actual noncitizen voting.
  • Similar lawsuits or letters to other states as the administration escalates its election integrity push.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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