WASHINGTON, October 16, 2026 — The Trump administration has sued California election officials, asking a judge to bar the state from counting mail-in ballots for next month’s midterm elections from people the federal government has identified as “likely” noncitizens until their immigration status can be confirmed. The lawsuit comes after the Justice Department said California officials failed to meet a 48-hour deadline to review a password-protected thumb drive that contains a list of 20,000 names.
Background To The Lawsuit
The federal government says those 20,000 names are likely noncitizens who were sent ballots to participate in the Nov. 3 election, although California Secretary of State Shirley Weber said the administration has provided no evidence to support that claim. According to Weber, the state mails ballots to all registered voters, and over 23 million people are registered statewide. The lawsuit follows a letter sent earlier this week by a top Justice Department official who threatened potential legal action if California didn’t comply. On the ground, residents describe the situation as a tense standoff between the federal government and California election officials.
California Officials Respond
California Secretary of State Shirley Weber said in a letter to the Justice Department that the federal government hasn’t provided evidence to support its allegation that 20,000 names on the state’s voter rolls are of noncitizens. She referenced an instance in which the federal government initially alleged nearly 16,000 possible noncitizens were listed on Nevada’s voter rolls, but the state determined that all the people flagged were, in fact, U.S. citizens. By nightfall, the scene had shifted to the courts, where the Justice Department’s lawsuit will be heard. David Becker, an election law expert, called the Justice Department’s lawsuit “fairly frivolous.” Becker said most election officials’ cybersecurity protocols would not allow them to comply with the Justice Department’s request as it was sent.
Implications For The Election
The lawsuit has significant implications for the upcoming election, particularly in competitive congressional races in California that could determine which party has control of the U.S. House. Gov. Gavin Newsom called the federal government’s demand “a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day.” Voting is already underway in the state, and California election officials remain committed to ensuring a fair and smooth 2026 General Election. As the situation continues to unfold, residents describe a sense of uncertainty and concern about the impact on the election. The Justice Department’s lawsuit says the federal government sought to “work collaboratively” with California to identify noncitizens registered to vote in the state, and “California made no serious effort to do so.” First Assistant U.S. Attorney Bill Essayli confirmed that court action was taken, with the government suing the state and Los Angeles County Registrar Dean Logan’s office. Essayli wrote on X that “this is not political or controversial” and that federal law makes it a federal offense for noncitizens to vote in a federal election. Logan acknowledged that his office received a thumb drive and a handwritten note with a password but said his office did not attempt to look at it because doing so would conflict with established data privacy and information security protocols.
Data Privacy and Security Concerns Raised
Los Angeles County Registrar Dean Logan stated his office did not attempt to access the password-protected thumb drive because doing so would conflict with established data privacy and information security protocols. He emphasized that the device was not considered a secure medium for handling sensitive voter information. Logan noted that election offices generally avoid inserting unverified thumb drives into their systems due to cybersecurity risks.
David Becker, an election law expert, supported this stance, explaining that most election officials’ cybersecurity protocols would not permit compliance with the Justice Department’s request as it was delivered. He warned that inserting unknown thumb drives into election technology poses significant vulnerabilities, which is why such actions are typically prohibited.
Sources
- Essayli on Trump administration suing California
- Trump administration sues CA to block state from counting alleged noncitizen mail-in ballots
- Feds Demand Voters to Prove Citizenship in Lawsuit Against CA, LACo – MyNewsLA.com
Photo: AgnosticPreachersKid (Public domain)
