The U.S. Department of Justice sent letters to county election officials across California on Friday, October 23, 2026, requesting they identify and set aside mail-in ballots from individuals the department believes are noncitizens. The federal government gave local registrars a 48-hour deadline to comply, warning that failure to act could result in federal scrutiny and legal exposure.
The move follows a lawsuit filed by the Justice Department on October 15, 2026, which alleged that more than 20,000 likely noncitizens are registered to vote in California. California law requires that all registered voters be mailed a ballot. Federal officials stated that these demands are necessary to prevent noncitizens from participating in federal elections, while California officials have described the actions as an attempt to undermine election confidence.
In the letters signed by Bilal Essayli, First Assistant U.S. Attorney for the Central District of California, the department requested that counties segregate ballots from individuals on federal government lists until their citizenship can be confirmed. Essayli stated that election officials who knowingly count ballots from noncitizens could be considered "aiders and abettors to a federal crime." Specific counts of suspected noncitizens were provided for several counties, including 1,754 in Orange County, 1,355 in Riverside County, and 1,133 in San Bernardino County.
California Attorney General Rob Bonta and Secretary of State Shirley Weber have opposed the demands. Bonta stated on Saturday, October 24, 2026, that the Justice Department was "politicizing and weaponizing the law." State officials argued that the federal government has not provided enough information to verify its data and that the 48-hour deadline is unenforceable. According to the Los Angeles County registrar, at least 18 counties received the letters, while the New York Times reported that versions were sent to all 58 California counties.
For the affected voters, the requested change would be the segregation of their ballots, meaning their votes would not be included in the initial tallies while citizenship checks are conducted. Election officials in counties like Contra Costa, which reported 407 individuals on the list, face the risk of federal scrutiny if they do not comply with the 48-hour deadline. The Justice Department has already filed charges against 28 foreign nationals in California for election-related crimes, including illegal registration, which can carry sentences of several years in prison.
The potential effects include delays in the certification of election results and a precedent for increased federal oversight of state-managed voter rolls. California officials have argued in legal filings that these demands could disenfranchise eligible citizens and undermine the legitimacy of the upcoming midterm elections. The litigation also reflects a broader effort by the Department of Homeland Security to review voter rolls in at least 47 states.
A federal judge is scheduled to hold a hearing on the underlying lawsuit on Tuesday, October 27, 2026. The Justice Department has also requested that the 9th U.S. Circuit Court of Appeals intervene, setting a deadline of Saturday, October 24, for a ruling. The U.S. midterm elections are scheduled to take place in less than two weeks.