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DOJ Warns California Officials of Criminal Exposure Over Flagged Ballots

California, US

Leah Millis/Reuters

Leah Millis/Reuters

What Happened

Acting Deputy AG Trent McCotter warned California election officials they risk criminal exposure if they knowingly count ballots flagged as from likely noncitizens. It cites 18 U.S.C. §611 and aiding-and-abetting law and presses action on a federal list of more than 20,000 names as voting continues.

What Happened

Acting Deputy AG Trent McCotter warned California election officials they risk criminal exposure if they knowingly count ballots flagged as from likely noncitizens. It cites 18 U.S.C. §611 and aiding-and-abetting law and presses action on a federal list of more than 20,000 names as voting continues.

Timeline

October 17, 2026

Escalation draws criticism, concern: The move drew criticism as an escalation because the official leading the action is not from the Civil Rights Division but the acting deputy attorney general who oversees criminal and civil litigation, and McCotter's name tops the complaint; observers and the DNC said this raises plausible concerns about potential warrant-based ballot seizure even though DOJ has not announced plans to seize ballots. Commentators described the strategy as an intimidation tactic and questioned the departure from the division that typically handles voting cases.

October 16, 2026

Acting DAG issues criminal warning: Acting Deputy Attorney General R. Trent McCotter sent a letter warning Los Angeles County officials they could become "aiders and abettors to a federal crime" if they knowingly counted ballots from people on the government's list, citing 18 U.S.C. §611 and the aiding-and-abetting statute. He wrote the legal consequences for facilitating or ignoring a federal crime are significant and urged officials to reconsider actions that risk federal scrutiny.

October 16, 2026

County rejects segregation demand: Los Angeles County rejected DOJ's earlier demand that officials review the federal list and segregate ballots from people whose citizenship could not be confirmed; DOJ responded that segregation is a standard election-administration practice and urged verification before acting against ballots. McCotter acknowledged the federal list includes people who live outside Los Angeles County but said that did not excuse the county from acting on the information.

Summary by Ground AI

Sources

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