The US Justice Department has warned election officials across California that they could face federal scrutiny if they refuse to help verify the citizenship status of suspected noncitizen voters. The warning comes less than two weeks before the November 3 midterm elections.
In letters dated Friday, local officials were given 48 hours to help check the citizenship status of people named on federal government lists. The department also asked counties to set aside mail ballots from people whose citizenship could not be confirmed.
The letters were signed by Bilal Essayli, first assistant US attorney for the Central District of California. The Justice Department shared copies of six letters on Saturday.
Essayli warned that counting ballots from people on the lists without checking their citizenship status could lead to “significant federal scrutiny and legal exposure.”
The letters have increased tensions between the Trump administration and California officials over election rules, voter data and the handling of mail ballots.
DOJ Seeks Checks on Voter Records
The Justice Department said it had identified about 20,000 people across California who it alleges are noncitizens registered to vote. The letters included local figures based on a list previously sent to election officials.
According to the department, Orange County had 1,754 people on the list. Riverside County had 1,355, while San Bernardino County had 1,133.
The figures also included 334 people in Ventura County, 180 in Santa Barbara County and 63 in San Luis Obispo County. A separate letter sent to Contra Costa County listed 407 people described as likely noncitizens.
Essayli asked officials to separate mail ballots from people whose citizenship status could not be confirmed. He stressed that the ballots should not be cancelled while checks were underway.
The department said officials who knowingly counted ballots cast by people identified by federal agencies as noncitizens could risk being treated as participants in a federal crime.
However, California officials have challenged the demand. They say the federal government has not provided enough information to show how it identified the people on the lists.
California Pushes Back Against Federal Demand
California Attorney General Rob Bonta accused the Justice Department of using the law for political purposes. Speaking to MS Now on Saturday, he said the department was acting at Trump’s direction and targeting political opponents.
Bonta described the action as an improper use of federal authority. His comments reflect the wider dispute between California leaders and the Trump administration over election oversight.
Contra Costa County also questioned the timing of the request. Dawn Kruger, a spokesperson for the county’s Elections Department, said the letter arrived just 11 days before Election Day and included a 48-hour deadline that the county considered unenforceable.
Kruger said the office would continue to run the election under federal and state law.
California Secretary of State Shirley Weber has also raised concerns about the administration’s efforts to obtain voter information. She has accused federal officials of seeking access to protected data and trying to remove people from voter rolls unlawfully.
Weber said such efforts could weaken public confidence in the election process.
Legal Dispute Has Expanded
The latest letters follow earlier action by the Justice Department over California mail ballots. On October 16, the department warned Los Angeles County and state election officials that they could face legal consequences if they counted ballots returned by more than 20,000 people the administration suspects are noncitizens.
That warning came one day after the Trump administration filed a lawsuit seeking to stop California from counting ballots from those individuals. The Justice Department also asked the US Court of Appeals for the Ninth Circuit to intervene in the case on Thursday.
The department has increased prosecutions of people accused of voting illegally while not being US citizens as the midterms approach.
The White House has also urged federal agencies to speed up reviews of at least 47 state voter rolls obtained by the Department of Homeland Security, according to an internal email reviewed by Reuters.
The actions form part of a broader effort by the administration to examine voter registration records. State officials, however, have questioned whether the federal government has supplied enough evidence to support its requests.
Election Officials Face Tight Deadline
The letters reportedly went to all 58 counties in California. The short deadline has placed local election offices under pressure as they prepare to process ballots and manage voting operations.
The Justice Department argues that verifying citizenship is necessary to protect election integrity. California officials say they must follow the law and cannot set aside ballots based only on information they believe is incomplete.
The dispute raises questions about how officials should handle ballots when a voter’s citizenship status is uncertain. It also highlights the conflict between federal demands and state control over election administration.
With Election Day approaching, the legal fight could affect how counties respond to federal requests and how they handle ballots under review.
For now, California officials say they will continue to follow applicable election laws, while the Justice Department maintains that its checks are needed to prevent unlawful voting. The outcome of the wider court dispute may shape the next steps in the state’s election process.
