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# California says DOJ's 20,000-ballot suit "borders on the absurd." Found 1 in 4 voters  on list were born in U.S.
- URL: https://www.workersrights.news/california-answers-doj-20000-ballots-us-born-voters/
- Published: 2026-10-22T01:24:50.000Z
- Updated: 2026-10-22T01:24:50.000Z
- Description: Los Angeles County's sample found 25.8% of flagged voters had a U.S. birthplace on file, and most had never voted.
- Author: WorkersRights.News Team
- Tags: Legal News, Politics

California told a federal judge on Tuesday, Oct. 20, that the Justice Department's bid to set aside up to 20,000 mail ballots "borders on the absurd." In a [brief opposing an emergency order](https://www.democracydocket.com/wp-content/uploads/2026/10/2026-10-20-TRO-Opposition-CA.pdf?ref=workersrights.news), Attorney General Rob Bonta's office wrote: "At best, this litigation is a reckless political stunt. At worst, it threatens to disenfranchise thousands of Californians this election."

Los Angeles County filed [its own opposition](https://www.democracydocket.com/wp-content/uploads/2026/10/2026-10-20-TRO-Opposition.pdf?ref=workersrights.news) the same day, and its numbers undercut the government's list. In a sample of about 200 names, 25.8% of the voters had a U.S. place of birth on file, which the county called "a strong indicator of citizenship status." Most had never voted, and more than half had canceled or inactive registrations. [NPR reported](https://www.npr.org/2026/10/20/nx-s1-6009873/california-doj-voter-rolls-noncitizens?ref=workersrights.news) that the county's assistant registrar, Monica Flores, called the list "unreliable."

The case is *United States v. State of California*, No. 2:26-cv-12025, in the U.S. District Court for the Central District of California in Los Angeles. On Wednesday, Oct. 21, it moved to a new judge, [Democracy Docket reported](https://www.democracydocket.com/news-alerts/judge-who-rejected-dojs-voter-roll-demand-takes-over-california-ballot-case-from-trump-appointee/?ref=workersrights.news).

## A list built on "likely"

The Justice Department [sued on Oct. 15](https://www.justice.gov/opa/media/1466286/dl?inline=&ref=workersrights.news) against the state, Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan. It claims that counting mail ballots from people federal officials flagged as "likely" noncitizens violates federal law. It wants those ballots set aside until citizenship is verified. We covered [the threats against election workers](https://www.workersrights.news/doj-threatens-california-election-workers-ballot-count/) that came first, [the emergency motion](https://www.workersrights.news/doj-emergency-motion-freeze-20000-california-ballots/) to freeze the ballots, and [the charges against 28 green card holders](https://www.workersrights.news/doj-charges-28-california-green-card-holders-voting-20000-ballots/) on the list.

Only 7,035 of the 20,000-plus names have Los Angeles County addresses, and the county says that count "includes duplicates, cancelled registrations, and a high percentage of U.S. born-persons." Of the roughly 200 sampled records, the county found that 86 people had been mailed ballots; the other 112 were not, because their registrations were canceled or inactive. Among voters whose birthplace was "meaningfully reported," Flores found 38.9% were born in the United States, [according to NPR](https://www.opb.org/article/2026/10/21/some-likely-noncitizens-in-calif-found-by-doj-may-be-u-s-born/?ref=workersrights.news).

The administration has conceded the list is imperfect. Trent McCotter, the acting deputy attorney general, said at a press conference on Monday, Oct. 19, that "there may be some names on there who it turns out ultimately are citizens, we're not perfect," [NPR reported](https://www.opb.org/article/2026/10/21/some-likely-noncitizens-in-calif-found-by-doj-may-be-u-s-born/?ref=workersrights.news). The government's own declarant described its data as possibly "incomplete, outdated, or mismatched," the county's brief notes.

## The state's case

California's brief makes four main arguments. It says the government lacks standing because it "cannot establish 'injury in fact.'" It says the order would violate the National Voter Registration Act's "quiet period," the 90 days before a federal election when states can't systematically purge voters. It says federal courts should not "alter the election rules" on the eve of an election, under the Supreme Court's *Purcell* doctrine. And it says state law already "sets forth a detailed and exclusive process for contesting voter eligibility," adding that "\[n\]othing prevents Plaintiff from working through existing procedures to challenge ballots cast by those persons."

Bonta's office also pointed out, [as CalMatters reported](https://calmatters.org/politics/2026/10/california-noncitizen-voter-suit/?ref=workersrights.news), that the 28 people charged so far amount to about .0001% of California's 23 million registered voters.

## A new judge, and a familiar one

The case was first assigned to U.S. District Judge John W. Holcomb, a Trump appointee, [Ballot Access News reported](https://ballot-access.org/2026/10/21/u-s-governments-lawsuit-to-impound-certain-california-ballots-gets-a-judge/?ref=workersrights.news). Democracy Docket reported that Judge David O. Carter, a Clinton appointee, took it over on Oct. 21 as related to earlier litigation. In January, Carter [threw out the Justice Department's lawsuit](https://www.npr.org/2026/01/15/nx-s1-5678969/doj-voter-data-california-dismissal?ref=workersrights.news) demanding California's unredacted voter file, writing that "the government's request is unprecedented and illegal." No hearing had been set as of Wednesday.

## What it means if you're on the list

No court has ordered any ballot set aside. Los Angeles County told the court it "has no authority under state or federal law to withhold or set aside the ballot of a registered voter on the basis of a third party's assertion." Under state law, a mail ballot with a valid signature is counted unless a formal challenge succeeds, the state's brief says. Once a signature is verified, the ballot is separated from its envelope and mixed with other ballots, so a returned ballot can't be pulled back out.

If you're a citizen and registered, vote as usual. Check your registration at the [Secretary of State's voter status page](https://voterstatus.sos.ca.gov/?ref=workersrights.news) and track your mail ballot at [Where's My Ballot](https://wheresmyballot.sos.ca.gov/?ref=workersrights.news). If your county contacts you about a signature problem, answer before the cure deadline. If you're a green card holder who was registered by mistake, don't vote, and talk to an immigration lawyer before you do anything else.

Carter has already told this Justice Department once that it can't use federal election law to reach into California's voter rolls. The next move is his.

### Sources

- [State Defendants' Opposition to Application for TRO, U.S. v. California, No. 2:26-cv-12025 (C.D. Cal. Oct. 20, 2026)](https://www.democracydocket.com/wp-content/uploads/2026/10/2026-10-20-TRO-Opposition-CA.pdf?ref=workersrights.news), California Department of Justice via Democracy Docket
- [Opposition of Dean C. Logan to Ex Parte Application for TRO (C.D. Cal. Oct. 20, 2026)](https://www.democracydocket.com/wp-content/uploads/2026/10/2026-10-20-TRO-Opposition.pdf?ref=workersrights.news), Los Angeles County via Democracy Docket
- [Complaint, United States v. State of California (C.D. Cal. Oct. 15, 2026)](https://www.justice.gov/opa/media/1466286/dl?inline=&ref=workersrights.news), U.S. Department of Justice
- [Some on DOJ's 20,000 'likely' noncitizen list in California appear to be U.S.-born](https://www.npr.org/2026/10/20/nx-s1-6009873/california-doj-voter-rolls-noncitizens?ref=workersrights.news), NPR
- [Some on DOJ's 20,000 "likely" noncitizen list in Calif. appear to be U.S.-born](https://www.opb.org/article/2026/10/21/some-likely-noncitizens-in-calif-found-by-doj-may-be-u-s-born/?ref=workersrights.news), OPB (NPR)
- ['Borders on the absurd.' California fights Trump lawsuit to set aside 20,000 ballots](https://calmatters.org/politics/2026/10/california-noncitizen-voter-suit/?ref=workersrights.news), CalMatters
- [Trump lawsuit against California over noncitizen voters heads for uncharted territory](https://www.votebeat.org/national/2026/10/20/trump-california-noncitizen-voters-2026-election-lawsuit/?ref=workersrights.news), Votebeat
- [Judge who rejected DOJ's voter roll demand takes over California ballot case from Trump appointee](https://www.democracydocket.com/news-alerts/judge-who-rejected-dojs-voter-roll-demand-takes-over-california-ballot-case-from-trump-appointee/?ref=workersrights.news), Democracy Docket
- [U.S. Government's Lawsuit to Impound Certain California Ballots Gets a Judge](https://ballot-access.org/2026/10/21/u-s-governments-lawsuit-to-impound-certain-california-ballots-gets-a-judge/?ref=workersrights.news), Ballot Access News
- [A federal judge dismisses the DOJ's effort to get voter data from California](https://www.npr.org/2026/01/15/nx-s1-5678969/doj-voter-data-california-dismissal?ref=workersrights.news), NPR