PoliticsOctober 15, 2026

DOJ Sues California Over Mail Ballots: Count Citizens' Votes, Check the Rest

The Justice Department wants California to hold mail ballots from people it flags as likely noncitizens until citizenship is confirmed. Sacramento calls it chaos. We call it common sense, and the right path for anyone who wants a vote is citizenship.

DOJ Sues California Over Mail Ballots: Count Citizens' Votes, Check the Rest
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Here's a sentence nobody should argue with: only U.S. citizens get to vote in federal elections. That's already the law. The fight now is over who has to check, and how fast.

On Thursday, the federal government sued California in U.S. District Court in Los Angeles. It wants a judge to stop state officials from counting mail-in ballots "from likely non-citizens in the upcoming federal election until the voter's citizenship status can be determined."

What the Feds Are Asking For

The Department of Justice wants California to set aside mail ballots from voters "identified by the Federal Government likely to be noncitizens" and verify those voters' citizenship before the ballots count.

This didn't come out of nowhere. Two days earlier, acting U.S. Deputy Attorney General Trent McCotter sent a letter to California Secretary of State Shirley Weber giving the state 48 hours to work out whether any U.S. citizens were on a DOJ list of likely noncitizens who had been sent ballots for the Nov. 3 election. According to CNBC, the DOJ had already handed Los Angeles County officials a thumb drive with the names.

McCotter asked the state to tell local officials to keep those ballots separate until citizenship was confirmed, and to hold off on sending ballots to anyone on the list who hadn't received one yet. "If you cannot implement this process by then, given the ongoing federal election, the United States will have no choice but to seek emergency relief," he wrote. Then the DOJ filed the suit.

California Says No

Sacramento isn't budging. Gov. Gavin Newsom went on X before the suit was filed and called it "More dangerous nonsense from a President losing his grip on reality," adding, "California's elections are NOT Donald Trump's to control."

Weber's office says the administration never explained where its list came from. It says it asked for the methodology and data sources and got "nothing." In a letter to McCotter, Weber said the list covers about 20,000 people and called it "an emergency of the DOJ's creation." She also said California "has robust state law requirements that only U.S. citizens can register to vote."

Those concerns are fair to raise. No citizen should lose their vote over a bad database match, and the DOJ should be open about how it built its list.

Why We're With the Feds

Our view: setting ballots aside isn't throwing them out. The request is to pause and verify. Citizens on that list get their ballots counted once their status is confirmed. That's a speed bump, not a purge.

If California is as sure as it says that its rolls are clean, then checking about 20,000 names is how it proves it. "Trust us" isn't good enough in either direction. The federal government has a real interest in federal elections, and asking a state to confirm that voters are citizens before counting their ballots is about as basic as election oversight gets.

No court has ruled yet. This is a lawsuit, not a verdict, and California will get its say.

The Real Path to the Ballot Box

Here's the part that gets lost in the yelling. The way to earn a vote in this country is to become a citizen, and that path is open. Every year people raise their right hands at naturalization ceremonies, take the oath, and get every right that comes with it, including the ballot.

If you're a green card holder, look into your naturalization timeline. If you're here on a visa, learn the lawful routes to permanent residency. Talk to an accredited immigration attorney, not a guy on TikTok. Legal immigration is what makes this country work. The ballot box is part of the reward for doing it the right way, and protecting it protects the people who did.

Count every citizen's vote and verify the rest. That isn't anti-immigrant. It's pro-citizen.

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