DOJ threatens California officials with prosecution over noncitizen voter claims

The Trump administration has escalated its confrontation with California election officials, warning that they could face criminal prosecution if they count ballots from more than 20,000 voters the Justice Department alleges are likely noncitizens. The standoff, which includes a federal lawsuit filed Thursday, has drawn sharp rebukes from state leaders and election law experts who call the threats unprecedented and legally dubious.

The dispute

The Justice Department delivered a password-protected thumb drive to Los Angeles County Registrar Dean Logan containing a list of voters it claims are likely noncitizens. Logan refused to open it, citing security protocols, and later received an Excel spreadsheet with names, dates of birth, and addresses of voters across California, not just Los Angeles County Source: latimes. The state says the administration has provided no evidence to support its claims Source: The Guardian.

Escalating threats

On Friday, acting Deputy Attorney General Trent McCotter sent a letter warning that officials who tabulate ballots from flagged voters risk becoming "aiders and abettors to a federal crime" Source: The Guardian. President Trump amplified the threat on Truth Social, posting: "They will all go to jail for a long period of time!!!" Source: CNN. The Justice Department had previously charged about 50 people for noncitizen voting out of more than 227 million registered voters in the 2024 election Source: The Guardian.

Reactions

California Governor Gavin Newsom called it "more dangerous nonsense from a President losing his grip on reality" Source: latimes. Election law experts are skeptical of the DOJ's legal theory. Justin Levitt, a former deputy assistant attorney general, said: "Courts haven't been buying what DOJ has been selling, and nothing in this letter is calibrated to change course" Source: The Guardian. Rick Hasen of UCLA called the letter "deplorable" and said it "ups the ante by threatening election officials with potential criminal prosecution" Source: The Guardian.