DOJ Admits High Error Risk in California Ballot List
The Justice Department conceded in court that its list of roughly 20,000 suspected noncitizen ballots in California may contain mistakes.
Updated on Nov. 2, 2026 in Immigration
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The Justice Department is seeking to force California to set aside about 20,000 ballots it believes are from people not legally authorized to vote in the 2026 election. During oral argument before U.S. District Judge Trina Thompson, a DOJ lawyer acknowledged the risk the list contains mistakes is high.
Why it matters
The dispute raises questions about how federal authorities identify potentially ineligible voters and whether those determinations can withstand judicial scrutiny before ballots are rejected. Residents across California have a direct stake in how voter eligibility is verified in the state.
The Justice Department flagged roughly 20,000 California ballots as likely cast by unauthorized voters, a figure the agency's own lawyer said carries a high risk of error. Whether any of those ballots are actually ineligible has not been resolved, and the list's reliability is contested in court.
The players
U.S. Department of Justice
The federal agency that compiled the list of suspected noncitizen ballots and is pursuing legal action to have California set them aside.
Trina Thompson
The U.S. District Judge hearing oral argument in the case over the California ballots.
James Boasberg
The D.C. Chief District Judge who ruled the California ballot list is flawed.
The details
A Justice Department lawyer told U.S. District Judge Trina Thompson the risk the California list contains mistakes is high, and a separate ruling by D.C. Chief District Judge James Boasberg found the list flawed. Some supposed noncitizens who voted were recently naturalized citizens, complicating the government's claims.
Timeline
2026 election: ballots DOJ flagged as likely from unauthorized voters
November 2, 2026: oral argument in which DOJ admitted high error risk
Week of October 26, 2026: Judge Boasberg ruled the California ballot list flawed
Political Context
Federal efforts to challenge state voter eligibility determinations have drawn scrutiny from courts, which are now examining whether the Justice Department's lists meet evidentiary standards. The California dispute tests whether federal prosecutors can compel state officials to set aside ballots based on contested data.
Californians whose ballots are challenged could see them set aside if the Justice Department prevails. Voters should watch court rulings on the list, since the outcome will determine whether any ballots are rejected in the 2026 election.
The takeaway
Court rulings will determine whether the Justice Department's California voter list can be used to reject ballots. Readers should follow the outcome of the pending case before drawing conclusions about voter eligibility.
Further reading
For more on the federal citizenship and voting debate, see Immigration coverage on Wisevoter.
Source note: This article includes information reported by Raw Story.
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