US Justice Department Sues California Over Ballots Cast by Non‑Citizens in Midterms

Legal Basis for the DOJ’s Challenge

The U. S. Department of Justice filed a lawsuit against the state of California on Thursday, demanding a court order to stop the counting of certain ballots in the recent midterm elections. The legal action follows a controversial request the DOJ made two days earlier, asking Los Angeles County officials to verify the citizenship status of voters on the ballot list. County officials declined to comply.

The Justice Department’s filing alleges that California’s election officials allowed individuals who are not U. S. citizens to cast votes in the midterm contests, violating federal election law. The DOJ says the state must provide a „certified list” confirming each voter’s citizenship before any ballots are tallied. Los Angeles County election officials responded that they cannot legally disclose citizenship information and that the request conflicts with state privacy protections. The department’s demand was delivered on a thumb drive containing a handwritten note, an unusual method that has drawn criticism from legal experts.

The lawsuit cites the Illegal Immigration Reform and Immigrant Responsibility Act, which prohibits non‑citizens from voting in federal elections. The Justice Department argues that California’s voter registration system fails to adequately screen out ineligible voters, potentially affecting the outcome of the midterms. In a statement, DOJ attorney Rebecca Hayes said, „Ensuring that only eligible citizens cast ballots is fundamental to the integrity of our elections.” California’s Attorney General’s office countered that the state’s voter rolls are regularly audited and that no evidence shows non‑citizens voted in the recent contests.

Can Courts Force States to Reveal Voter Citizenship?

Legal scholars question whether a federal court can compel a state to release personal citizenship data. Professor Michael Liu of Stanford Law School noted, „The request pits federal election law against state privacy statutes and the Four‑teenth Amendment’s due‑process guarantees.” If the court grants the DOJ’s request, California may be forced to halt the certification of election results until the citizenship of every voter on the ballot is verified—a process that could delay the final tally for weeks. Conversely, a dismissal would reinforce state autonomy over voter registration practices.

The outcome of the case could set a precedent for how aggressively the federal government can intervene in state election administration. A ruling in favor of the DOJ might trigger similar lawsuits in other states with large immigrant populations, while a defeat could embolden states to maintain current registration procedures without federal oversight. Election officials across the country are watching the case closely, aware that its resolution may reshape the balance between voter access and eligibility verification.

Frequently Asked Questions

What specific ballots are being contested? The DOJ is targeting ballots cast in the November midterm elections that were submitted in Los Angeles County, alleging that some were cast by non‑citizens.

How does California typically verify voter eligibility? California uses a combination of self‑declaration, cross‑checking with federal databases, and periodic audits, but it does not require proof of citizenship for state and local elections.

What are the possible timelines for a court decision? If the case proceeds quickly, a preliminary injunction could be issued within weeks; a full trial could extend several months, potentially affecting the certification of election results.