Federal prosecutors are seeking to prevent California from counting ballots associated with approximately 20,000 voters identified as likely noncitizens, while warning election officials that knowingly processing unlawful votes could expose them to criminal prosecution.
By yourNEWS Media Newsroom
The Justice Department has warned California election officials that they could face federal criminal investigations and prosecution if they knowingly count ballots cast by noncitizens, escalating a dispute over voter eligibility less than three weeks before the November 3 midterm elections.
In a letter issued Friday, October 16, Acting Deputy Attorney General Trent McCotter cautioned Los Angeles County officials that knowingly facilitating unlawful voting could expose election workers to criminal liability. The warning followed a federal lawsuit filed Thursday seeking to prevent California from tabulating ballots associated with approximately 20,000 people whom federal authorities suspect are not U.S. citizens.
According to The Associated Press, which obtained the letter, McCotter argued that election administrators could face legal consequences if they knowingly process ballots submitted by individuals determined to be ineligible under federal citizenship requirements.
“The legal consequences for either facilitating or ignoring a federal crime are significant. Noncitizen voting in a federal election is a federal crime — and knowingly facilitating such conduct is equally unlawful,” McCotter wrote.
He further warned that election officials could face prosecution under federal laws governing assistance in criminal offenses.
“If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime.”
The letter was directed to the Los Angeles County Counsel’s Office and copied to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan.
The warning came one day after the Justice Department filed a federal lawsuit against California, seeking judicial intervention in how the state handles certain mail-in ballots.
Federal officials allege that an investigation involving the Department of Homeland Security and U.S. Citizenship and Immigration Services identified more than 20,000 individuals on California’s voter rolls who may lack U.S. citizenship.
The government contends that because California automatically mails ballots to registered voters, those individuals may have received ballots for the upcoming election despite being ineligible to participate in federal contests.
The lawsuit asks a federal judge to require California to set aside ballots associated with the flagged individuals until their citizenship can be verified.
Federal officials have not publicly established that all 20,000 people are noncitizens, and the allegations remain disputed by California election administrators.
California officials have questioned the reliability of the federal government’s information and said the Justice Department has not provided sufficient evidence to justify withholding ballots from registered voters.
The dispute intensified after federal authorities delivered a password-protected electronic storage device containing approximately 20,000 names and demanded that state officials review the information within 48 hours.
California did not complete the requested review within that deadline. State officials maintained that federal authorities had not adequately explained how the individuals were identified or demonstrated that they were ineligible to vote.
The Justice Department subsequently filed its complaint in the U.S. District Court for the Central District of California.
In its official announcement of the lawsuit, the department said its objective was to prevent unlawful ballots from affecting the election.
Attorney General Todd Blanche argued that allowing ineligible voters to participate would undermine public confidence in the electoral process.
“State-facilitated voter fraud is unacceptable in the United States of America,” Blanche said. “If found responsible in a court of law, the State of California will have seriously undermined confidence in our electoral system and violated laws that protect our nation’s representative system of government.”
The federal government is seeking an order requiring election officials to verify the citizenship of flagged voters before counting their ballots.
Under federal law, noncitizens generally are prohibited from voting in elections for president, Congress and other federal offices. Knowingly voting unlawfully can result in criminal penalties, while knowingly assisting a federal offense can also create potential liability.
However, the distinction between suspected ineligibility and established illegal voting has become central to the California dispute.
Election law specialists have questioned whether the Justice Department can require election workers to disregard ballots based solely on federal citizenship indicators that have not been independently verified.
Rick Hasen, a UCLA law professor specializing in election law, said the administration’s latest warning significantly increased pressure on local election administrators.
The letter “ups the ante by threatening election officials with potential criminal prosecution,” Hasen told the Associated Press.
He criticized the federal government’s approach to the dispute.
“It is deplorable that rather than work cooperatively and assist states in their election administration responsibilities, the federal government is making escalating threats and unreasonable demands beyond its power in the middle of an ongoing election,” Hasen said.
Justin Levitt, a former deputy assistant attorney general who teaches at Loyola Law School in Los Angeles, similarly questioned whether the government’s interpretation of criminal liability would withstand judicial scrutiny.
“Courts haven’t been buying what DOJ has been selling, and nothing in this letter is calibrated to change course,” Levitt said. “Fortunately, election officials — not just in Los Angeles, but across the country — are equipped to stand up to aggressive bullying. And the law is on their side.”
Their objections reflect broader disagreements about federal authority over election administration, which is primarily conducted by state and local officials under state laws and applicable federal requirements.
The Justice Department maintains that federal statutes prohibiting noncitizen voting provide a basis for intervention when officials allegedly fail to prevent unlawful participation.
California officials contend that the federal government has not demonstrated that the people it identified are actually ineligible, raising concerns that properly registered citizens could have their votes excluded.
The dispute follows a broader federal effort to identify noncitizens on voter registration lists across the country.
The Trump administration has demanded detailed voter information from multiple states, including names, addresses, birth dates, driver’s license numbers and portions of Social Security numbers.
Federal officials say the information is necessary to compare voter rolls against immigration and citizenship records.
State election administrators and voting rights organizations have raised concerns about data accuracy, privacy protections and the possibility that naturalized citizens could be incorrectly identified as noncitizens.
In July, Homeland Security Secretary Markwayne Mullin sent letters to California, Nevada, New Jersey and Pennsylvania alleging that as many as 250,000 noncitizens were registered to vote across those states.
Officials in several states questioned those estimates and requested supporting documentation.
Nevada provided a notable example of disagreement over the federal government’s methodology.
The administration initially identified approximately 1,500 individuals on Nevada’s voter rolls as suspected noncitizens. After state officials examined the information, they reported that none of the individuals identified by federal authorities was an unlawfully registered noncitizen.
The discrepancy has contributed to questions about whether federal databases accurately distinguish between people who lack citizenship and naturalized Americans who are eligible to vote.
The Justice Department has nevertheless expanded election-related criminal investigations this year.
According to figures reported by the Associated Press, approximately 90 people have been charged with various forms of election misconduct in 2026, including around 50 accused of voting in federal elections despite lacking U.S. citizenship.
Those cases represent a small number compared with the more than 227 million registered voters nationwide during the 2024 presidential election. The charges also do not establish the outcome of the individual prosecutions.
The administration has argued that preventing even relatively small numbers of unlawful ballots is necessary to safeguard election integrity.
California officials maintain that legitimate voters should not have their ballots withheld without verified evidence of ineligibility and legally authorized procedures.
The disagreement carries particular significance because California has more than 23 million registered voters and automatically mails ballots to all registered voters before statewide elections.
Several congressional districts in the state are also the focus of closely contested House races that will contribute to determining which party controls the chamber after November.
Any changes to ballot processing procedures during the election could therefore affect large county election operations already receiving and processing mailed ballots.
The latest warning also places attention on Bill Essayli, the senior federal prosecutor in the Los Angeles region, whose office participated in filing the lawsuit.
Any criminal prosecutions involving election officials in the Central District of California would generally be handled through the federal prosecutor’s office.
Neither the Justice Department’s letter nor its lawsuit publicly identified specific California election workers who had knowingly counted an unlawful ballot.
The legal dispute remains focused on whether California must verify the citizenship status of individuals flagged by the federal government before including their ballots in election totals.
Democratic lawmakers have separately urged the Justice Department to observe its longstanding policies intended to prevent overt investigative actions from improperly affecting elections.
The administration has defended its actions as enforcement of federal voting laws rather than political interference.
As the November 3 election approaches, the federal lawsuit and criminal prosecution warning leave unresolved questions about the evidentiary standard required to withhold ballots, the division of authority between federal and state officials, and the circumstances under which election workers could face criminal liability.
The court’s handling of the Justice Department’s request will determine whether California must separate ballots associated with the approximately 20,000 flagged voters while their citizenship is reviewed.
For now, the administration’s claims of widespread ineligible registration remain contested, and no judicial finding has established that the individuals on the federal list unlawfully registered or voted.
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