The Justice Department sued California, Secretary of State Shirley N. Weber and Los Angeles County Registrar-Recorder Dean C. Logan on Thursday in federal court in Los Angeles. The case is No. 2:26-cv-12025. It asks a judge to bar the state from counting mail ballots from people the federal government has flagged as "likely noncitizens" until their citizenship is verified. It puts the number at "over 20,000." It followed a 48-hour deadline the state let pass, AP reported.
The case asks whether a federal court will hold back votes already being cast, on a list the government has not made public, less than three weeks before Election Day.
The suit extends a months-long federal push over voter rolls. Homeland Security said in July that more than 190,000 California registrants "may be" noncitizens; the state says it never received the data or the method, AP reported. The department has sued 30 states and the District of Columbia for voter records and has lost 26 of those cases without a win, Reuters reported.
- The complaint makes one claim, under the Supremacy Clause, citing 18 U.S.C. § 611.
- USCIS and Homeland Security Investigations built the list from Social Security and State Department data.
- Federal law limits systematic voter-roll changes within 90 days of a federal election.
Attorney General Todd Blanche leads the federal side; Homeland Security Secretary Markwayne Mullin's department compiled the list. Weber, Logan, Attorney General Rob Bonta and Gov. Gavin Newsom answer for the state. California mails every registered voter a ballot, and voting is under way. Listed voters, some perhaps citizens, could see ballots held.
Disputedwhether the federal list is reliable enough to hold back ballots, and whether a federal court may order a state to stop counting them weeks before an election.
The FramingsFederal framing holds that noncitizen voting is a crime and California refused to check. "State-facilitated voter fraud is unacceptable in the United States of America," Blanche said. Mullin said "even one noncitizen vote cancels out the ballot of an American citizen." California state framing, from Newsom, Bonta and Weber, holds that the suit targets eligible voters on bad data. Newsom called it a "sad, desperate attempt" to "suppress California voters." Bonta asked of the larger DHS figure: "What happened to those 170,000?" Election-administrator framing centers on process: Logan said the thumb drive holding the list was not "a secure medium," and David Becker of the Center for Election Innovation and Research called the suit "fairly frivolous." Legal-scholar framing, from UCLA law professor Rick Hasen, questions the federal power: "I just don't see the federal authority to do that over a state."
The RecordThe complaint is public; the list and its method are not, and no court has tested them. In Nevada, all 185 voters DHS flagged were found to be citizens, ABC News reported. Confidence that the suit was filed: certain. Confidence in how many on the list are noncitizens: low.
What to watch: The judge's assignment and any emergency motion on the docket for No. 2:26-cv-12025. California's first response in court. Election Day, Nov. 3.
Sources: AP, Reuters, ABC News, Axios, Courthouse News, U.S. Department of Justice
