DOJ Sues California to Block Counting of Mail Ballots From 20,000 Alleged Noncitizens

The Justice Department sued California election officials, including Secretary of State Shirley Weber, on Oct. 15, seeking a court order to block the state from counting mail ballots in the Nov. 3 midterm election from about 20,000 voters it says are "likely" noncitizens, until their citizenship is verified. The suit followed a 48-hour ultimatum from acting Deputy Attorney General Trent McCotter, who sent California a password-protected thumb drive naming the voters; the state declined to comply.

The lawsuit is the latest escalation in a monthslong federal push -- including a revived SAVE database and agents who have posed as voters on state websites -- to flag noncitizens on voter rolls ahead of the midterms. State officials and voting-rights advocates say unverified federal lists risk disenfranchising eligible voters while ballots are already being mailed statewide.

Weber said the Justice Department has not substantiated its figures and that California's rolls comply with federal law. Attorney General Rob Bonta noted the government's noncitizen estimate has shifted sharply, from 190,000 over the summer to 20,000 now. The lawsuit is pending in federal court; no hearing date had been set as of Oct. 15.