The Department of Justice has warned California election officials that they could face criminal prosecution if they knowingly count ballots cast by non-citizens, escalating a dispute over voter eligibility ahead of the 2026 midterm elections.
In an October 16 letter, Acting Deputy Attorney General R. Trent McCotter warned Los Angeles County officials that knowingly facilitating unlawful voting on Election Day, November 3, could expose election workers to federal criminal liability, according to The Associated Press, which obtained the letter. The warning followed a lawsuit the DOJ filed on October 15 seeking to block California from counting ballots associated with approximately 20,000 people whom federal authorities have identified as non-citizens.
“If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime,” the DOJ warned.
First Assistant U.S. Attorney Bill Essayli reiterated the demand on October 16, urging California Secretary of State Shirley Weber and Los Angeles County officials to segregate the flagged ballots pending citizenship verification. President Donald Trump backed the DOJ’s warning on Truth Social, writing, “They will all go to jail for a long period of time!!!”
The DOJ’s lawsuit requests a federal judge to prevent California from tabulating the disputed ballots until federal officials verify the voters’ citizenship. According to the complaint, federal agencies compared voter-registration records with citizenship information to stop resident aliens from illegally voting in the midterms.
California’s automatic mail-ballot system facilitates unlawful voting by sending ballots to registered voters who may be ineligible to participate in federal elections.
