Justice Department sues California over alleged non‑citizen mail‑in ballots

The U.S. Justice Department filed a lawsuit Thursday in federal court against California, asking a judge to stop the state from counting mail‑in ballots from voters it says may be non‑citizens. The complaint alleges that over 20,000 registered voters are “likely aliens” and requests an injunction until their citizenship status can be determined.

Federal government’s claim

The Justice Department argues that allowing ballots from suspected non‑citizens could dilute the votes of American citizens. A written statement from the Attorney General said state‑facilitated voter fraud is unacceptable and warned that California could undermine confidence in the electoral system.

California’s response

Governor Gavin Newsom called the lawsuit “a sad, desperate attempt” to suppress voters and called the injunction request “totally unprecedented.” Secretary of State Shirley Weber said the department has not provided any data to support its claim and refused to segregate the ballots, noting that the federal government has not clarified how it identified the alleged non‑citizens.

Impact on voters

If the court grants the injunction, California may have to set aside the ballots of the 20,000 alleged non‑citizens and verify their citizenship before counting them. The Justice Department’s letter demanded that the ballots be segregated within 48 hours, but no court deadline has been set yet. Ordinary Californians should ensure their voter registration information is current and watch for any notices from their county elections office.

What to do next

Anyone concerned about how this lawsuit could affect their ballot should consider consulting an attorney experienced in election or immigration law.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 15, 2026.