DOJ gave California a voter list, a 48-hour deadline — and a threat of court action

Axios · 10/15/2026, 3:04:35 PM

The Trump administration is threatening emergency court action unless California officials investigate potential ineligible voters within 48 hours and set aside ballots from anyone whose citizenship they cannot verify, according to two letters sent to state officials from the Justice Department. Why it matters: With voting already underway, President Trump 's DOJ could delay ballots from eligible Californians mistakenly flagged as noncitizens and set up a court fight just three weeks before Election Day. Driving the news: Acting Deputy Attorney General R. Trent McCotter sent a letter Tuesday to Los Angeles County Registrar-Recorder/County Clerk Dean Logan along with a thumb drive of "likely noncitizens who were sent a vote-by-mail ballot," according to a copy of the letter shared with Axios. McCotter asks local officials to investigate their citizenship status by noon October 15. The letter did not say how many people are on the list. For anyone whose status can't be confirmed, DOJ asks the officials to "segregate—not cancel" those ballots and suspend signature verification or counting of any ballots already returned. DOJ also asks officials to withhold ballots from people on the list unless their citizenship has been confirmed. California Secretary of State Shirley Weber received a similar letter . Friction point: McCotter closed his letter with a threat: "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." What they're saying: "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," a DOJ spokesperson said in a statement. California Secretary of State Shirley Weber said in a statement that the DOJ's "relentless efforts to unlawfully gain access to states' protected voter d