California DOJ Voter Roll Interference Challenge

An anti-voting lawsuit challenging California’s refusal to set aside ballots of individuals the Trump administration flagged as “likely noncitizens” for the midterms.

Background

The Department of Justice (DOJ) filed a lawsuit challenging California’s refusal to set aside ballots of individuals flagged by the Trump administration as “likely noncitizens” until the state can confirm their citizenship status. The DOJ asserts that, “the Department of Homeland Security found thousands of likely noncitizens registered to vote in California who would automatically be sent federal ballots under State law.” They argue that over 20,000 individuals in California are likely noncitizens and that the state “refused to independently verify the citizenship of people included on the list” and refused “to work with the Federal Government to verify citizenship status.” The DOJ argues that California’s refusals violate the U.S. Constitution’s Supremacy and Elections Clauses. The lawsuit seeks to block California from counting any mail ballots cast by individuals considered by the DOJ to be “likely noncitizens” until their citizenship status is confirmed.

Why It Matters

California has over 23 million registered voters and is a universal mail ballot state. President Donald Trump has repeatedly sought to interfere in California’s elections. In June 2026, Trump directed the top federal prosecutor in central California, Bill Essayli, to “take a look” at the state’s primary elections to help a Republican candidate for governor. On Oct. 14, 2026 — less than three weeks before the midterm elections — the DOJ sent a list of names the Trump administration believed to be “likely noncitizens” registered to vote in the state and threatened legal action if the state did not comply with its order to set aside ballots of flagged individuals within 48-hours. 

Latest Updates

• Oct. 15, 2026: DOJ filed its complaint.