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Justice Department sues California over alleged noncitizen ballots before midterms

Federal lawsuit and demands for voter data raise concerns about election integrity and public trust ahead of midterm elections.

Oct 19, 2026, 5:36 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 reports from newsradio540.iheart.com and other iHeart outlets. This 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 concern that the Justice Department's demands for private voter information and other federal actions could undermine public trust in the election process. Recent surveys indicate that only about half of Americans expect the midterms to be free and fair.

The Justice Department has given California 48 hours to review a list of possible noncitizens on its voter rolls, with Acting Deputy U.S. Attorney Trent McCotter warning of emergency legal action if the state does not comply, as reported by Fox News and cited by iHeart sources.

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

The Trump administration defends these actions as efforts to prevent illegal voting and bolster confidence in elections. The Supreme Court recently allowed the use of a Department of Homeland Security program, Systematic Alien Verification for Entitlements (SAVE), to verify voter eligibility despite previous legal challenges.

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