The US Department of Justice threatened legal action against California on Tuesday unless state and local officials review a list of possible non-citizens in voter rolls before the 2026 midterm elections, according to Telemundo 52.
Acting Deputy Attorney General R. Trent McCotter sent letters to California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan demanding they review the list by Thursday noon. McCotter wrote that federal authorities provided a password-protected USB drive containing names of people the government considers probably are not citizens and to whom a ballot was sent by mail for the 2026 elections, according to Telemundo 52.
McCotter asked election officials to separate—not cancel—the ballots of those people until citizenship status is determined, according to Telemundo 52.
A DOJ spokesperson said in a statement that it is a federal crime for non-citizens to vote in US elections, and the DOJ is asking California to ensure that is not occurring, according to Telemundo 52. The spokesperson added that the demand should not be controversial, since the criminal statute is clear: only US citizens can vote in federal elections.
Why election officials worry about post-election challenges
Election officials in Georgia, Connecticut, Nevada and Washington have received federal subpoenas in recent months to deliver voter records, according to Telemundo 52. Several officials said they fear the legal pressure is laying groundwork for challenges after votes are counted.
Stuart Holmes, director of elections for Washington state, said the administration has laid some foundations for post-election challenges, including potential seizure of voting equipment, ballots and tabulation equipment, according to Telemundo 52. "We are preparing for any eventuality in that regard," Holmes said.
Nevada Secretary of State Cisco Aguilar, a Democrat, said officials in his state are preparing for possible challenges to November results. Aguilar told Telemundo 52 that he views the administration's actions as an effort to discourage people from participating in elections.
Aguilar said the president is trying to pick the voter base instead of voters choosing their elected officials, and that is not how democracy works, according to Telemundo 52. He added that the people control elections, and when someone tries to take that control away, they do it through intimidation, threats and by discouraging participation.
Broader campaign on non-citizen voting
Since Trump took office, his administration has filed more than 100 cases alleging non-citizens voted, according to Telemundo 52. The DOJ has requested voter registration data from all states in the country.
Trump has long made unfounded claims that elections are marked by widespread fraud. Election experts say non-citizen voting is a relatively rare phenomenon, according to Telemundo 52.
All registered voters in California receive mail ballots, which began being sent on October 5, according to Telemundo 52. More than 154 million people voted in the 2024 elections, according to the US Census Bureau, Telemundo 52 reported.
What McCotter said about citizenship verification
McCotter wrote that allowing non-citizens to vote cancels out the votes of citizens. He added that states are responsible for voter registration and the federal government is responsible for maintaining immigration records that allow verification of citizenship. By working together, both can more effectively protect against vote dilution and promote electoral integrity, according to Telemundo 52.