Legal Battle Surrounds California’s Handling of Alleged Noncitizen Voter List

At the Metro Headquarters Building in Los Angeles on June 2, 2026, voters participated in California’s state primary election. The Department of Justice (DOJ) is calling on the state to separate ballots linked to 20,000 individuals deemed ‘likely’ noncitizens by federal authorities. However, a preliminary assessment by local officials indicates that the list may not be reliable. Some individuals on the list reportedly have records showing they were born in the U.S., suggesting they may be citizens.

The information emerged from court documents filed by California and local officials in response to a federal lawsuit. The legal action seeks to compel California to investigate these individuals before counting their votes. The state argued that executing the DOJ’s request at this stage is impractical and could violate both federal and state election laws. The filing described the lawsuit as a ‘reckless political stunt’ with potential to disenfranchise thousands in California.

The issue ignited when the DOJ handed Los Angeles County a thumb drive containing the list of names, noting concerns about inserting a thumb drive of unknown origin into a government computer. Subsequently, the DOJ sent the list via email. Of the 20,000 names, only 7,035 had Los Angeles County addresses, and some names were duplicated according to Los Angeles County Registrar Dean Logan.

Los Angeles County officials sampled 200 individuals to assess the reliability of the federal list. Assistant Registrar Monica Flores reported that the analysis, though preliminary, showed the list was unreliable. Approximately 38.9% indicated a U.S. birthplace, a strong citizenship indicator. Details on the entire number of individuals or specifics about the birth records remain unclear, and the LA county clerk’s office had not clarified by Tuesday evening.

California’s voter registration website asks for ‘place of birth,’ but the field is not mandatory. U.S.-born individuals usually receive automatic citizenship, with few exceptions. Among the reviewed records, 112 had canceled or inactive registrations, and about 70% lacked a voting history.

The Trump administration has defended its approach in identifying noncitizen voters, but President Trump released inaccurate figures on noncitizen voting on other occasions. Acting Deputy Attorney General Trent McCotter conceded possible errors in the federal list in a press conference. He urged California to collaborate to verify citizenship.

DOJ Deputy Press Secretary Kiersten Pels stated California was asked to verify the citizenship of voters on the list but refused. She emphasized that federal law doesn’t allow ignoring the issue.

The DOJ announced criminal charges against 28 individuals from the list, although the charges might stem from a misunderstanding of voting eligibility. Kamlesh Shah, 68, charged in the matter, expressed distress and planned to seek legal assistance. All charged individuals were legal permanent residents, known as green-card holders. Research indicates that misunderstanding voting rules, rather than intentional fraud, leads to noncitizen voting, particularly among green-card holders.