DOJ urges California counties to set aside suspected noncitizen ballots

Background of the DOJ letters

In early 2024, the United States Department of Justice (DOJ) dispatched formal letters to registrars in several California counties. The correspondence instructed local election officials to separate any ballot that the federal agency believes may have been cast by a noncitizen. The DOJ claims that the request is part of a broader effort to enforce the illegal voting provisions of the Illegal Voting Enforcement Act enacted in 2022.

The letters cite data from a recent immigration audit that identified a small number of registered voters whose citizenship status could not be confirmed. While the DOJ acknowledges that the number of potentially affected ballots is low, it emphasizes the need for strict compliance before the November election cycle.

Legal basis for the request

The DOJ’s authority to intervene in state election processes stems from the guidance issued by the Department of Justice in 2022. That guidance clarifies that any evidence of ineligible voting, including by noncitizens, must be reported to federal authorities and addressed at the local level. The guidance also outlines the procedural steps for ballot verification, which the DOJ now expects counties to follow.

Counties targeted and response process

The letters were sent to registrars in at least eight counties, including Los Angeles, San Diego, and Fresno. Each county receives a copy of the DOJ’s template, which details the documentation required to substantiate a voter’s citizenship status.

County registrars are instructed to:

1. Identify any ballot that matches the DOJ’s list of questionable registrations.
2. Place the ballot in a secure, separate container.
3. Notify the DOJ of the number of ballots set aside.
4. Allow the DOJ to conduct a verification review before the ballots are counted.

Registrars must complete the process within thirty days of receiving the letter, a timeline that overlaps with the state’s deadline for finalizing voter rolls.

Verification steps outlined by the DOJ

The DOJ’s verification protocol involves cross‑checking the voter’s registration information against federal immigration databases. If a match indicates noncitizen status, the ballot is deemed invalid and excluded from the final tally. The agency also reserves the right to request additional documentation from the voter, such as a passport or naturalization certificate.

Critics argue that the verification process could delay ballot counting, especially in counties with large voter populations. The DOJ, however, maintains that the steps are designed to be swift and that any delay would be minimal.

Political and legal reactions

The DOJ’s directive has ignited a partisan debate across California. State officials, local election boards, and civil‑rights organizations have all issued statements either supporting or condemning the move.

State officials' stance

California’s Secretary of State, a member of the Democratic Party, issued a press release stating that the state will cooperate with federal authorities while also safeguarding voter rights. The office emphasized that any ballot removal must follow strict due process and that voters will be notified of any challenges to their ballots.

In contrast, the California Attorney General’s office has filed a brief in federal court arguing that the DOJ’s request oversteps constitutional boundaries. The brief cites the Supremacy Clause and argues that election administration is primarily a state responsibility.

Critics and civil‑rights groups

Several advocacy groups, including the American Civil Liberties Union (ACLU) of California, have warned that the DOJ’s approach could disenfranchise eligible voters, particularly immigrants who have become naturalized citizens. The ACLU released a statement saying that “targeted removal of ballots based on citizenship assumptions risks undermining confidence in the electoral process.”

Republican leaders have praised the DOJ’s action as a necessary safeguard against illegal voting. A spokesperson for the California Republican Party described the letters as “a proactive measure to protect the integrity of every vote.”

Potential impact on upcoming elections

With the November general election only months away, the timing of the DOJ’s request raises concerns about ballot availability and counting speed. Election experts note that any additional verification step could extend the window for finalizing results, especially in tightly contested races.

Timing and ballot deadlines

California law requires that all mail‑in ballots be received by 8 p.m. on Election Day to be counted. The DOJ’s verification process must therefore be completed before that deadline, or the ballots could be rejected outright. County clerks are currently reviewing staffing levels to ensure that the extra workload does not compromise the election timeline.

Some analysts predict that the number of ballots set aside will remain low, given the limited scope of the DOJ’s data. Others caution that even a small number of disputed ballots could influence close races in swing districts.

What voters should know

Voters who receive a notice that their ballot is under review should:

• Check the official communication from their county registrar for instructions.
• Gather any documentation that proves citizenship, such as a naturalization certificate or passport.
• Submit the requested documents within the specified timeframe.
• Contact local election officials if they have questions about the process.

Election officials have reiterated that the verification process does not automatically invalidate a ballot. Instead, it provides an opportunity for voters to confirm their eligibility before the ballot is counted.

As the situation develops, both state and federal agencies are expected to release further guidance. Voters are encouraged to stay informed through official county websites and reputable news outlets such as The New York Times and the California State Archives.