The Trump administration has compiled lists of potential noncitizen voters that could be used to contest the results of the November 3 midterm elections. According to a Justice Department document, federal officials sent letters to election authorities in California, Washington, New Jersey, Pennsylvania, and Nevada as of October 30, 2026, saying they identified noncitizens on their voter rolls. While the administration states these efforts are necessary to protect election integrity, state officials and courts have questioned the accuracy of the lists.
The federal government does not maintain a centralized database of eligible voters, as the U.S. Constitution grants states authority over federal elections. To identify potential noncitizens, the Department of Homeland Security (DHS) obtained voter-roll data from at least 47 states and matched it against other government databases. While at least 16 states complied with requests for unredacted data, 30 states and Washington, D.C., refused, leading to federal lawsuits. Courts have rejected 27 of these efforts, with many judges ruling that the federal government lacks the role to determine voter eligibility.
In California, the Justice Department demanded on October 13 that the state set aside ballots from approximately 20,000 registered voters identified as "likely noncitizens" until their status is verified. The department warned that election workers could face prosecution for processing these ballots. However, a federal judge rejected the bid to block these votes on October 28, stating the move would "wreak havoc" on the election. An appeals court upheld that ruling on October 30, citing a "material risk" of disenfranchising eligible citizens.
For the affected individuals, the concrete day-to-day impact is the potential for their ballots to be challenged or set aside during the certification process following the November 3 election. If a losing candidate uses these lists to contest a narrow outcome, it could delay the final results of House and Senate races that determine control of Congress. Voters on these lists may face additional scrutiny or, as cautioned by federal appeals judges, the risk of having their valid votes excluded due to matching errors in government databases. Acting U.S. Deputy Attorney General Trent McCotter acknowledged that the California list could include U.S. citizens.
The push sets a precedent for increased federal involvement in state-run voter registration systems. While the White House maintains that aggressive enforcement is required to prevent illegal voting, legal experts noted that these lists provide a mechanism for candidates to challenge results even if the lists are not verified as accurate. The Justice Department indicated it may appeal the California ruling to the U.S. Supreme Court. The next steps will occur after the November 3 elections, when candidates or the Justice Department may file legal challenges to block the certification of winners in specific districts.