The Justice Department has escalated its dispute with California by sending a formal notice to Los Angeles County officials, stating that anyone who knowingly processes ballots from individuals identified as likely non-citizens could be charged as an aider and abettor to a federal crime. Acting Deputy Attorney General Trent McCotter authored the letter, emphasizing that noncitizen voting is itself a federal offense and that facilitating it carries the same legal weight. The warning arrives less than three weeks before the November 3, 2026 midterm elections, a period when the state is preparing to count millions of mail-in ballots.
Details of the DOJ demand and the threatened prosecution
According to the letter, the department supplied Los Angeles County with a password-protected thumb drive that lists roughly 20,000 names the federal government believes belong to non-citizens who received ballots. County officials were given a 48-hour window to confirm a review and to segregate any ballots that might correspond to the list. McCotter wrote that failure to act “could expose officials to criminal liability” and that the legal consequences for either facilitating or ignoring the violation are “significant.” He added that those who knowingly tabulate such ballots risk becoming aiders and abettors to a federal crime. The letter was copied to California Secretary of State Shirley Weber and to the Los Angeles County Registrar-Recorder Dean Logan, effectively placing the entire state on notice.
Political and legal pushback from California
California officials have dismissed the request as “legally baseless” and an attempt to interfere in state election administration. Secretary Weber characterized the DOJ’s effort as a “last-ditch” move that undermines voter confidence and threatens to purge protected voter data. Los Angeles County counsel argued that the department did not explain how it compiled the list, making compliance impossible. Legal scholars, including UCLA law professor Rick Hasen, describe the letter as an “escalation” that threatens election officials with criminal prosecution. Former Deputy Assistant Attorney General Justin Levitt contended that courts have consistently rejected the DOJ’s claims, suggesting the threat is more political theater than enforceable law.
Implications for the 2026 midterm contests
California fields more than 23 million registered voters and several closely contested congressional districts that could influence which party controls the U.S. House for the remainder of President Trump’s term. Senators Alex Padilla, Sheldon Whitehouse, and Dick Durbin have written to Attorney General Todd Blanche demanding that the DOJ refrain from seizing ballots or election materials before the results are certified. Meanwhile, President Trump amplified the department’s message on his Truth Social platform, proclaiming that anyone involved will “go to jail for a long period of time.” Critics argue that the timing of the threat—so close to Election Day—could sow doubt about the legitimacy of the vote, even though investigations into noncitizen voting have uncovered only a handful of cases nationwide.
