With Ballots Already Cast, the Justice Department Sets a Deadline

There is a particular tension that arises when the machinery of federal power meets the quiet administration of a local election—when a deadline set in Washington collides with the slow, methodical work of counting votes. In California this week, that tension has taken the form of a letter, a thumb drive, and a forty-eight-hour ultimatum that election officials and legal experts say has no precedent in modern American elections.

The Justice Department sent letters Tuesday to California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan, demanding that the state verify the citizenship of voters flagged on a federal list or set aside their ballots until their status is confirmed . The list, provided on a password-protected thumb drive, contains names the federal government believes are likely noncitizens who were sent mail-in ballots . Acting Deputy Attorney General R. Trent McCotter gave the state until noon Wednesday to respond, warning that “the United States will have no choice but to seek emergency relief” if California does not comply .

The demands are specific. For individuals whose citizenship cannot be independently verified, the state is instructed to segregate—not cancel—their mail-in ballots, withhold ballots from those who have not yet received them, and not count any ballots already returned until citizenship is determined . McCotter wrote that “allowing noncitizens to vote cancels citizen votes” .

California officials have not yet responded publicly, but the state’s history with similar federal claims offers context. In July, Homeland Security Secretary Markwayne Mullin alleged that more than 190,000 noncitizens were registered in California—a claim Weber said she had “serious doubts” about, noting that her office had never shared its voter registration list with federal agencies . Similar federal lists in other states have proven substantially inaccurate. In Nevada, an initial claim of 16,000 noncitizen registrations dwindled to 185 after review, and all 185 were ultimately found to be citizens .

Election experts say the timing is the most troubling aspect. Mail-in ballots were already sent out to every California voter beginning October 5, and ballots are already being returned . “One must question why the DOJ would violate its own rules about investigating elections close to election day,” said David Becker of the nonpartisan Center for Election Innovation & Research, “particularly when their past claims have been full of errors” . UCLA law professor Rick Hasen said he is “not aware of anything like this ever happening this close to an election” .

The Justice Department has defended its demands, saying the criminal statute is clear: only American citizens may vote in federal elections . Federal prosecutors have charged about 90 people with election misconduct this year, including 50 alleged to have voted as noncitizens—a figure that remains tiny relative to the 227 million registered voters in 2024 .

For now, California faces a deadline that has already passed. Whether the state complies, challenges the demand in court, or simply runs out of time, the ballots of voters whose citizenship is questioned may sit segregated and uncounted as November 3 approaches.

The images accompanying this article are AI-generated and used solely for illustrative purposes.

Sources: The Canadian Press, Los Angeles Times, Axios, The Independent, Talking Points Memo