The Justice Department has filed a lawsuit against California, accusing the state of failing to review a list of alleged non-citizens who may have received mail-in ballots for the upcoming midterm election, according to court records.
The lawsuit follows a demand from a top Justice Department official for California election officials to access a password-protected thumb drive containing thousands of names of individuals believed to be on the state's voter registration list. Acting Deputy Attorney General Trent McCotter sent letters to the Los Angeles County Clerk and California Secretary of State on Tuesday, giving them a two-day deadline to confirm they were reviewing the list and taking steps to segregate any ballots returned by individuals on the drive.
California officials have characterized the request as legally unfounded and an attempt by the Trump administration to interfere with the state's election process. This comes after more than two dozen court losses for the administration in its efforts to obtain state voter rolls.
"The USDOJ's relentless efforts to unlawfully gain access to states' protected voter data and purge voter rolls serve only to cause chaos and fuel public distrust in our elections," California Secretary of State Shirley Weber stated. "California has robust state law requirements that only U.S. citizens can register to vote and that any non-eligible registrants are removed from the State’s voter rolls. My office and California election officials remain committed -- as always -- to ensuring a fair and smooth 2026 General Election."
The LA County Clerk's office stated they would refuse to access the contents of the thumb drive, citing conflicts with established data privacy and information security protocols. "We do not consider the device a secure medium," LA County Clerk Dean Logan said in a statement. "Additionally, the letter does not specify the number of individuals involved or describe the information contained in the records."
The Justice Department, in its lawsuit, asserts it is not seeking a "purge" of voter rolls or to cancel votes. Instead, it is asking a judge to compel the state to set aside ballots cast by individuals on its list of alleged "likely" non-citizens.
This legal strategy marks a departure for the department, as the lawsuit was filed by senior officials in the deputy attorney general's office, rather than involving the Civil Rights Division, which has faced repeated legal setbacks in similar cases. The department's argument hinges on the federal supremacy clause, contending it has an obligation to intervene to prevent non-citizens from voting in federal elections.
The effectiveness of such lists in identifying non-citizens remains a point of contention. In a previous instance in Nevada, a review of 185 individuals identified by the Department of Homeland Security as potential non-citizens on the voter rolls found that all were lawful citizens.
This lawsuit is the latest in a series of actions by the Trump administration aimed at casting doubt on election integrity by raising concerns about non-citizens voting, despite evidence and prosecution data indicating such instances are rare.