California Secretary of State challenges DOJ evidence and 90-day removal window in mail-in ballot suit
California election officials are contesting the legal basis of the Department of Justice lawsuit, arguing the federal government failed to provide adequate evidence to justify withholding 20,000 ballots. The state contends the federal demand violates the 90-day quiet period restricting systematic voter-registration removals before an election.
- Secretary of State Shirley Weber stated the DOJ is asking the state to jeopardize voting rights based on unverified information 1.
- State officials argue the federal government's request conflicts with federal restrictions on systematic voter-roll maintenance within 90 days of an election 1.
- The DOJ complaint alleges California officials rejected an encrypted thumb drive containing the list of suspected noncitizens, which the federal government claims shows a lack of commitment to election integrity 3.
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Sources cited above
1 reference- 1usaherald.com — California Ballots: Trump DOJ Targets 20,000 Voters
The story so far
written Oct 16What is happening
The Department of Justice is seeking an emergency order to halt the tabulation of mail-in ballots from more than 20,000 voters in California until their citizenship status is verified 456. The lawsuit, filed Thursday, October 15, 2026, in the U.S. District Court for the Central District of California, targets ballots from individuals the federal government identifies as "likely" noncitizens 1211. Attorney General Todd Blanche argued the state's refusal to remove these names violates the Supremacy Clause 18.
What to watch
A preliminary injunction from the U.S. District Court would determine if the state must set aside the contested ballots before the midterm elections. A final ruling on the merits of the DOJ’s claim or a decision from the U.S. Court of Appeals for the Ninth Circuit on any subsequent appeal would further clarify the legality of the state's counting procedures. The case would be resolved by a settlement, dismissal, or final judgment.
Read the full brief · how we got here
How we got here
The litigation follows a Tuesday deadline set by the DOJ for California officials to review a list of alleged noncitizen voters provided on a password-protected thumb drive 1012. California election officials stated they cannot remove registered voters without verification of noncitizen status 37. The state declined further comment following the filing of the suit, citing the pending litigation 37.
References · 11
- 1sfchronicle.com — Lawyers are scratching their heads over the DOJ's California lawsuit
- 2npr.org — DOJ sues California to block the counting of mail-in ballots from alleged noncitizens : NPR
- 3washingtonpost.com — Justice Dept. sues California officials over 20K alleged noncitizen voters - The Washington Post
- 4spokesman.com — DOJ sues California over mail ballots, alleging they were sent to noncitizens
- 5theguardian.com — US justice department sues California over alleged noncitizen voting | US midterm elections 2026 | The Guardian
- 6sundayguardianlive.com — US DOJ Sues California: Justice Department Seeks Emergency Order To Block Ballots Over Noncitizen Voting Allegations Ahead Of Midterms
- 7cbsnews.com — Justice Department sues California, claiming it's mailing ballots to more than 20,000 noncitizens - CBS News
- 8latimes.com — Justice Dept. sues California, seeks to stop state from counting 20,000 ballots - Los Angeles Times
- 10lamag.com — DOJ Sues California Over Alleged Non-Citizen Voters
- 11yournews.com — DOJ Demands California Set Aside 20,000 Mail Ballots in Federal Election Lawsuit – [your]NEWS
- 12thedailyrecord.com — DOJ sues California to block votes from alleged noncitizens - Maryland Daily Record
What would close this
0 of 4 metTimeline
1newest firstWhen we started following: DOJ sues California to block tabulation of 20,000 mail-in ballots from alleged noncitizens
The Department of Justice filed a lawsuit against California on Thursday, October 15, 2026, seeking to block the state from counting mail-in ballots from more than 20,000 voters the federal government identifies as "likely" noncitizens 1211. Filed in the U.S. District Court for the Central District of California, the suit asks for an emergency order to halt the tabulation of these ballots in the upcoming federal midterm elections until citizenship status is verified 456.
The litigation follows a Tuesday deadline set by the DOJ for California officials to review a list of alleged noncitizen voters provided on a password-protected thumb drive 1012. Attorney General Todd Blanche argued the state's actions violate the Supremacy Clause 18. California election officials stated they cannot remove registered voters without verification of noncitizen status and declined further comment due to the pending litigation 37.