The Department of Justice (DOJ) filed a lawsuit on October 15, 2026, against California, alleging that the state did not review a list of suspected noncitizens who received mail-in ballots for the midterm elections. This lawsuit follows a request from the DOJ to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder and Clerk Dean Logan to review the list of names believed to be noncitizens.
According to the DOJ, the Department of Homeland Security identified "thousands" of "likely noncitizens" registered to vote, which led to the automatic mailing of ballots to these individuals. The federal government had previously alerted Weber in July about these concerns, but the DOJ claims that California did not make a serious effort to address the issue. Weber acknowledged the request but did not dispute that noncitizens received ballots.
On October 13, 2026, Weber stated that claims made by President Donald Trump and DHS Secretary Markwayne Mullin about 190,000 noncitizens on California's voter rolls were unsubstantiated. She indicated that requests for information regarding the methodology and data behind these claims were not fulfilled.
The DOJ's letters requested that Weber and Logan review a thumb drive containing 20,000 names of suspected noncitizens who received mail-in ballots, but both officials declined to do so. The lawsuit notes that the federal government asked California to conduct its review by noon on the day of the filing, which did not occur. Instead, the Los Angeles County Recorder-Registrar announced that it rejected the thumb drive due to concerns about security and data privacy protocols.
The DOJ's lawsuit argues that California has made it "impossible" for the federal government to ensure secure elections, citing the supremacy clause and the DOJ's obligation to maintain election security. The filing states that sending ballots to likely noncitizens, despite federal notifications of concerns, drains federal resources and undermines public confidence in elections.
Weber responded by framing the situation as an attempt to "purge" voter rolls and create distrust in the electoral process, asserting that California has laws ensuring only U.S. citizens can register to vote and that non-eligible registrants are removed from voter rolls. She reaffirmed her office's commitment to a fair 2026 General Election.