Trump administration sues California to halt counting mail ballots tied to “likely noncitizens” until citizenship status is verified

The Trump administration sued California election officials in federal court on Thursday, seeking a court order that would prevent the state from counting certain mail-in ballots in the next midterm election if the ballots are tied to voters the federal government identifies as “likely” noncitizens until their citizenship status is confirmed.

According to PBS NewsHour Politics, the lawsuit asks a judge to block California from counting those specific mail ballots while the matter is litigated, framing the request around a federal effort to ensure that only eligible voters participate in federal elections. The complaint targets the state’s election officials and requests injunctive relief on an expedited basis ahead of certification and counting activities.

The dispute centers on how states handle voting eligibility when federal records suggest a voter may not be a U.S. citizen. The administration’s filing argues that California’s approach to mail ballots does not sufficiently incorporate the federal government’s determinations or verification process, and that counting votes from people the government says are likely noncitizens undermines eligibility rules for voting in federal contests.

California’s position is not detailed in the PBS report, but the case is likely to turn on competing questions about state control of election administration, the scope of federal authority in policing federal voter eligibility, and the adequacy of procedural safeguards when citizenship status is contested or not fully resolved at the time ballots are cast.

Election advocates and election officials generally describe the mechanics of mail-ballot processing as time-sensitive, with states required to follow established deadlines for receipt, curing, tabulation, and certification. A court order that changes counting rules for a subset of ballots could affect the timing of local tabulations and potentially complicate the reconciliation of vote totals if ballots are withheld pending additional checks.

The administration’s lawsuit also raises broader due process and administrative-law questions about what level of evidence is required before votes are excluded, and what processes are available to voters whose status is disputed. If a court requires verification before counting, the practical effect would depend on how quickly individuals can be notified and how rapidly status can be confirmed through government records or other adjudicative mechanisms.

The case comes as midterm election preparations move toward counting and certification deadlines. The court’s response to the requested injunction and the schedule for hearings will determine whether California can continue counting mail ballots for the identified group or whether tabulation must pause for ballots affected by the federal filing.