California Election Officials Face DOJ Demand Over 'Noncitizen' Ballots

Source reports published 26 Oct 2026, 1:17 am – 11:26 am AEST

Federal authorities, through the Department of Justice, have demanded California election officials sequester ballots believed to be cast by noncitizen voters. The Ninth Circuit appeals court is examining the legality of the Justice Department’s request to set aside 20,000 mail-in ballots.

What happened

• Local election officials in California are responding to a Justice Department demand to sequester ballots they believe were cast by noncitizen voters ahead of the midterm elections.
• The DOJ, led by the Trump administration, has requested sensitive information, including Social Security numbers, from approximately 20,000 registered voters.
• California’s attorney general’s office has criticized the letters as containing errors, citing instances where the lists included people not residing in the specified counties.
• The Justice Department’s lawsuit, filed on October 15th, seeks to bar the state from counting mail-in ballots from individuals identified as likely noncitizens.
• The Ninth Circuit appeals court is considering the case, with Judge Mark Bennett expressing concern that the government’s request is inconsistent with the Elections Clause of the US Constitution.
• California officials are proceeding with counting ballots while the legal challenge continues, with some election staff expressing worry about potential disruptions.

Original reporting

• PBS NewsHour: California election officials frustrated, rattled by DOJ demand to sequester 'noncitizen' ballots
  2026-10-25T15:17:21+00:00
• Al Jazeera: US appeals court sceptical of Trump’s lawsuit over California voter rolls
  2026-10-26T00:00:00+00:00
• Fox News: Ninth Circuit questions Trump DOJ's emergency request to set aside 20,000 California mail ballots
  2026-10-26T01:26:06+00:00