The U.S. Justice Department warned Los Angeles County on Oct. 16 that election officials could face criminal prosecution for counting ballots cast by suspected noncitizens.
DOJ Cites Federal Law in Ballot Challenge
Acting Deputy Attorney General Trent McCotter sent a letter to County Counsel stating that officials who count ballots from individuals identified as noncitizens could become “aiders and abettors to a federal crime.”
McCotter emphasized that knowingly facilitating a federal crime carries serious legal consequences, noting that noncitizen voting in a federal election is itself a federal offense.
The department did not ask for a voter purge or registration cancellation, only temporary ballot segregation pending citizenship verification, according to the letter.
Los Angeles County Registrar-Recorder Dean Logan responded that his office will focus on a fair election and that the matter should be resolved in court, with election day 18 days away.
President Donald Trump amplified the warning on Truth Social, posting the letter with a caption that read, “They will all go to jail for a long period of time!!!”
Logan said the county cannot comply with the DOJ’s demand because it lacks evidence, sources, or methodology to verify the eligibility of the listed voters.
In a statement posted on X, the county declared it would not withhold or refuse to count ballots based on unverified allegations, citing its legal obligations and lack of jurisdiction over immigration records.
McCotter explained that the DOJ identified suspected noncitizens using internal immigration records, data matching, and supervisory verification procedures.
The DOJ filed a lawsuit against California on Oct. 15 seeking to block counting of more than 20,000 mail‑in ballots from individuals the federal government deems likely noncitizens.
First Assistant U.S. Attorney Bill Essayli said the department gave California 48 hours to review the names and determine citizenship before the election, but the state has refused to comply.
Jill McLaughlin and The Associated Press contributed to this report.
