DOJ threatens emergency legal action against California over suspected noncitizen voters

The Justice Department is threatening emergency legal action against California election officials unless they take steps to prevent suspected noncitizens from voting in November’s midterm elections, setting a Thursday deadline as state officials push back.

In letters sent Tuesday, Acting Deputy Attorney General R. Trent McCotter demanded that California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan review a list of potentially ineligible voters within 48 hours. The DOJ instructed officials to segregate ballots from individuals whose citizenship cannot be verified and warned it would seek emergency legal relief if its demands were not met by noon Eastern on Oct. 15.

A DOJ spokesperson told Fox News Digital that thousands of potential foreign nationals ineligible to vote have been identified on California’s voter rolls statewide, not just in Los Angeles County.

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The door to the Election Division office at the C. Erwin Piper Technical Center on Saturday, Feb. 7, 2026 in Los Angeles, California. (Christina House/Los Angeles Times via Getty Images)

“This should not be controversial, as the criminal statute is clear: only American citizens may vote in federal elections. It is a federal crime for noncitizens to vote in U.S. elections, and the DOJ is asking California to ensure that is not occurring,” the spokesperson said.

California Attorney General Rob Bonta, a Democrat, pushed back during a Wednesday news conference, accusing the Trump administration of attempting to intimidate voters and promoting false allegations of widespread voter fraud.

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The U.S. Department of Justice building in Washington, D.C., on Aug. 17, 2026. ATF said it is coordinating with the Justice Department as it investigates a cybersecurity incident involving a standalone system. (Anna Moneymaker/Getty Images)

“There is no widespread voter preference, voter fraud problem. It doesn’t exist. It is a lie. It is a conspiracy theory,” Bonta said.

Bonta said his office is working with the secretary of state and Los Angeles County officials to review their options.

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California Attorney general Rob Bonta (R) speaks as California Governor Gavin Newsom looks on during a news conference at Gemperle Orchard on April 16, 2025, in Ceres, California. Governor Gavin Newsom and California Attorney General Rob Bonta have filed a lawsuit in federal court challenging the Trump administration’s use of emergency powers to enact sweeping tariffs that hurt states, consumers, and businesses. The tariffs have disrupted supply chains, increased costs for the state and Californians, and inflicted billions in damages on California’s economy, the fifth largest in the world. (Justin Sullivan/Getty Images)

Meanwhile, Logan said his office received a password-protected USB drive purportedly containing voter records but has not accessed it because of cybersecurity concerns.

“We have not accessed the drive because doing so would conflict with established data privacy and information security protocols. We do not consider the device a secure medium. Additionally, the letter does not specify the number of individuals involved or describe the information contained in the records,” he said.

The dispute comes as Californians are already casting ballots ahead of the Nov. 3 election. Federal law prohibits noncitizens from voting in federal elections, though the DOJ has not established that the individuals identified have cast illegal ballots.

Brittany Miller is a Fox News Digital breaking news writer and former Independent reporter who graduated from Syracuse University in 2023.