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Justice Department sues California over alleged noncitizen ballots ahead of midterms

The Justice Department's actions on voter rolls raise concerns about federal overreach and election trust two weeks before midterms.

Oct 19, 2026, 5:53 AM By the Genius Eye newsroom (Politics Reporter) · Fact-checkedHow we report
Photo: Nishkid64 / Public domain, via Wikimedia Commons

The Justice Department has sued California, alleging that ballots were mailed to thousands of likely noncitizens, according to Fox News and other sources. This legal action is part of increased federal scrutiny on state voter rolls ahead of the midterm elections, which are just two weeks away.

Officials from both parties have expressed concerns that the Justice Department's demands for access to private voter information and other federal actions could undermine public trust in elections. Recent surveys indicate that only about half of Americans expect the midterms to be free and fair.

The Trump administration claims these efforts aim to prevent illegal voting and bolster confidence in elections. The Justice Department has given California 48 hours to review a list of possible noncitizens on its voter rolls. Acting Deputy U.S. Attorney Trent McCotter warned that failure to comply could result in emergency legal action.

California Secretary of State Shirley Weber criticized the federal demands, saying they lack evidence and legal authority. She emphasized that California's election laws require only U.S. citizens to register to vote and reaffirmed the state's commitment to fair elections.

The Supreme Court allowed the use of the Department of Homeland Security's Systematic Alien Verification for Entitlements (SAVE) program to verify voter eligibility, despite previous legal challenges. This development is part of the broader context of federal involvement in election integrity efforts ahead of the midterms.

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