The U.S. Department of Justice has sued California, demanding that the state stop counting mail-in ballots from individuals the federal government suspects are non-citizens until their citizenship can be verified. This legal action escalates a contentious battle over election integrity, with federal officials expressing concerns about potential non-citizen voting in federal elections.
California officials, including Governor Gavin Newsom and Secretary of State Shirley Weber, have vehemently opposed the lawsuit, calling it an overreach and accusing the Trump administration of making unsubstantiated claims and attempting to disrupt the electoral process. They assert that California has strong existing laws to prevent non-citizens from voting.
Federal Government Sues California Over Mail-In Ballot Citizenship Checks
The federal government has filed a lawsuit against the state of California, escalating a dispute over how to prevent non-U.S. citizens from casting mail-in ballots in federal elections. The Department of Justice's action targets state administration of elections, a frequent point of criticism for President Donald Trump, who has voiced concerns about potential fraud and non-citizen voting.
A voter drops a mail-in ballot at an official drop box inside City Hall during a primary election in San Francisco, California, on Tuesday, June 2, 2026. David Paul Morris | Bloomberg | Getty Images
The lawsuit, filed in the U.S. District Court in Los Angeles, seeks a court order to prevent California officials from counting mail-in ballots submitted by individuals deemed by the federal government to be likely non-citizens, until their citizenship status can be confirmed. This move follows a direct letter from acting U.S. Deputy Attorney General Trent McCotter to California Secretary of State Shirley Weber, demanding a 48-hour window to determine if any U.S. citizens were on a list of suspected non-citizens who had been sent ballots for the upcoming November 3 federal election.
President Trump has often criticized election processes as prone to fraud, and this lawsuit reflects the Department of Justice's willingness to intervene in state election procedures. The DOJ had previously provided Los Angeles County with a list of questioned names and urged state officials to segregate mail ballots from these individuals and to halt sending new ballots to those not yet on the list.
More dangerous nonsense from a President losing his grip on reality. Trump is now demanding that California election officials VIOLATE federal law. Apparently, the rule of law only matters when it's convenient for MAGA's dear leader. California's elections are NOT Donald Trump's to control. We will ensure EVERY California voter can participate in a free and fair election.
California officials have strongly contested the federal government's claims and demands. Governor Gavin Newsom, in a post on X, criticized the lawsuit as "dangerous nonsense" and accused Trump of demanding that California election officials violate federal law. Secretary of State Shirley Weber's office released a statement asserting that California has robust state laws ensuring only U.S. citizens can register to vote and that non-eligible registrants are removed from voter rolls. Weber's office also highlighted that the DOJ refused to provide the methodology and data sources for their claims of 190,000 non-citizens on voter rolls and demanded that California act on unsubstantiated allegations without evidence.
Weber's office further stated that the DOJ's actions "serve only to cause chaos and fuel public distrust in our elections." She emphasized that California's election administration will continue to be governed by applicable federal and state law, not by "outrageous demands." The state has characterized the DOJ's ultimatum as an "emergency of the DOJ's creation."
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