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

• Nov. 13, 2026: The district court will hold a hearing on California and LA County’s motions to dismiss DOJ’s lawsuit.
• Nov. 3, 2026: The district court granted SIREN and Mi Familia en Acción’s motion to intervene. The district court granted LULAC and NAACP’s motion to intervene.
• Nov. 2, 2026: DOJ appealed the 9th Circuit’s denial of a stay pending appeal to the U.S. Supreme Court. The U.S. Supreme Court denied the stay application.
• Oct. 30, 3036: LA County, California, LULAC/NAACP, and SIREN filed their opposition to the emergency motion with the 9th Circuit. The 9th Circuit denied DOJ’s motion for a stay pending appeal.
• Oct. 29, 2026: DOJ filed an emergency motion with the 9th Circuit seeking relief by Oct. 30.
• Oct. 28, 2026: The district court denied DOJ’s motion for a temporary restraining order. DOJ appealed to the 9th Circuit.
• Oct. 27, 2026: The district court held a hearing on DOJ’s motion for a temporary restraining order. The National Republican Congressional Committee filed an amicus brief in support of DOJ’s motion for a temporary restraining order. The NAACP and LULAC filed a request for judicial notice and a declaration from their own expert.
• Oct. 26, 2026: The 9th Circuit dismissed the appeal for lack of jurisdiction.
• Oct. 25, 2026: DOJ filed its opposition to LA County’s motion to dismiss the appeal and its reply in support of its emergency motion for an injunction. LA County filed its reply in support of its motion to dismiss the appeal. The 9th Circuit heard oral arguments. DOJ filed its reply in support of its ex parte motion for a temporary restraining order in the district court.
• Oct. 24, 2026: SIREN and Mi Familia en Acción filed their proposed response with the 9th Circuit opposing the DOJ’s emergency motion for injunction pending appeal. California filed a brief with the 9th Circuit opposing the DOJ’s emergency motion for injunction. LA County filed a brief with the 9th Circuit opposing DOJ’s emergency motion for injunction. LA County filed an emergency motion to dismiss the 9th Circuit appeal. The 9th Circuit ordered the DOJ to respond to LA County’s emergency motion to dismiss by 9 a.m. PDT on Oct. 25.
• Oct. 23, 2026: DOJ filed an ex parte motion seeking an injunction pending DOJ’s appeal to the 9th Circuit. California filed its opposition to DOJ’s motion seeking an injunction pending appeal. LA County filed its opposition to DOJ’s motion seeking an injunction pending appeal and supplemental opposition to DOJ’s motion for a temporary restraining order. The DOJ filed a motion for injunctive relief with the 9th Circuit, and the 9th Circuit ordered responses due Oct. 24.
• Oct. 22, 2026: The DOJ appealed to the 9th Circuit.
• Oct. 21, 2026: The DOJ filed an opposition to Immigrant Rights and Education Network and Mi Familia en Acción’s motion to intervene. California filed a motion to dismiss the lawsuit. LA filed a motion to dismiss the lawsuit. The DOJ filed an application for an expedited ruling for a temporary restraining order.
• Oct. 20, 2026: LA County filed a response brief in opposition of a temporary restraining order; California filed a response brief in opposition of a temporary restraining order. The DOJ filed an opposition to LULAC’s motion to intervene. LULAC filed an application to oppose the DOJ’s temporary restraining order motion.
• Oct. 19, 2026: The DOJ filed a motion for a temporary restraining order, asking the court to order California to set aside mail ballots from likely noncitizens for the midterm election until the voters’ citizenship status can be determined.
• Oct. 16, 2026: Motion to Intervene filed by League of United Latin American Citizens and the NAACP.
• Oct. 15, 2026: Motion to Intervene filed by Services, Immigrant Rights and Education Network (SIREN) and Mi Familia en Acción.
• Oct. 15, 2026: DOJ filed its complaint.