McCotter's letters stated that the Justice Department provided L.A. County with a list of individuals believed to be noncitizens who received mail-in ballots for the Nov. 3 midterm election. Officials were asked to review the list and segregate ballots from individuals whose citizenship cannot be independently confirmed. Voters on the list who had not yet received a ballot should not be sent one until their citizenship is verified, and ballots already returned should not be counted until verification.
California officials criticized the demand, citing concerns about inaccurate federal data that has led to the purging of U.S. citizens from voter rolls in other states. Secretary of State Shirley Weber stated that the Justice Department's actions create chaos and distrust in elections, and that California already has robust laws to ensure only citizens vote. L.A. County officials have not accessed the provided federal data, deeming the thumb drive an insecure medium that conflicts with data privacy protocols.
Election experts have called the demand questionable, particularly given the timing and the history of inaccuracies in similar federal lists. David Becker, executive director of the Center for Election Innovation & Research, noted that past federal claims about noncitizen voters have been significantly reduced or found to be entirely inaccurate after scrutiny. Rick Hasen, director of the Safeguarding Democracy Project at UCLA School of Law, suggested the Justice Department's actions might be legally questionable and could face challenges in court, especially under the National Voter Registration Act's provisions against systematic purges close to an election.