Federal prosecutors sent letters to at least 18 California county registrars on Friday, October 23, 2026, demanding the verification and sequestering of ballots belonging to individuals the Department of Justice (DOJ) identified as possible noncitizens. The letters, confirmed by the Los Angeles County registrar and obtained by The Associated Press, gave local officials a 48-hour deadline to provide identifying information for these voters, including Social Security numbers, identification data, and registration copies. The DOJ requested that counties set aside any ballots where citizenship cannot be verified.
The move follows a federal lawsuit filed earlier in October against the California Secretary of State and Los Angeles County. The lawsuit seeks to block the counting of votes from approximately 20,000 people the federal government alleges are likely noncitizens. First Assistant U.S. Attorney Bill Essayli stated the demand for sequestering is an "emergency action" because ballots are already being processed and counted across the state. The Trump administration also asked the 9th Circuit Court of Appeals to rule on the matter by Saturday if a district judge did not issue a decision first.
California officials, including Attorney General Rob Bonta and Secretary of State Shirley Weber, have opposed the federal demands and filed a motion to dismiss the lawsuit. Bonta stated that the federal government's data is unreliable and accused the DOJ of adopting a "guilty until proven innocent" approach. The state argues that the request could delay the certification of the November midterm elections and risks the disenfranchisement of eligible citizens. According to state legal filings, more than 330,000 mail-in ballots have already been counted out of more than 23 million registered voters.
The scale of this action involves at least 18 counties across California. If federal prosecutors successfully compel registrars to sequester these ballots, it would establish a precedent for Department of Justice intervention in state-run election tallies during active voting periods. California officials have stated in court filings that such requirements threaten to delay the official certification of the midterm election results. The federal government has noted that election officials who knowingly process ballots from noncitizens could face legal jeopardy, while the DOJ's Civil Rights Division has filed similar suits in other states to gain access to unredacted voter rolls for screening against Department of Homeland Security databases.
The concrete day-to-day change for election workers and voters will depend on upcoming court rulings. As of late October, election officials are already processing hundreds of thousands of mail-in ballots. If the court grants the federal government's request, county employees would be required to identify and remove specific ballots from the counting stream within a two-day window. A hearing before U.S. District Judge David O. Carter is scheduled for next week, though the DOJ is seeking immediate action before that date. If the district court dismisses the case, federal prosecutors have indicated they intend to pursue further appeals. Additionally, 28 individuals have already been charged by federal authorities with illegal registration or voting.