The Department of Justice has filed a lawsuit against California regarding the counting of 20,000 illegal ballots.
Posted by The John Phillips Show, Checked
- Sources
- 5 support2 context
- Said
- 1 time·
- Confidence
- 80%
The John Phillips ShowOct 17, 2026
The Justice Department sued California and Los Angeles County on October 15, 2026, to stop the state from counting about 20,000 mail-in ballots tied to people it says are likely noncitizens, so the core claim holds as of the October 17 post date.
This claim is about the present, so it is judged as of the day it was checked.
What we found
Supports. Multiple tier1 outlets report the DOJ sued in federal court on October 15 to block California from counting mail-in ballots from more than 20,000 registered voters it says are likely noncitizens.[1][3][4][5]
Supports. The AP and Reuters describe the DOJ's case as a suit under the Supremacy Clause over a 1996 federal law on noncitizen voting, with the 20,000-ballot list compiled by the Department of Homeland Security.[1][2]
Context. California officials dispute the list as highly unreliable and likely including many U.S. citizens, and a district judge denied the government's request to set the ballots aside, so the ballots' illegality is contested rather than established.[2][5]
Context. The Ninth Circuit declined to intervene on October 26 on procedural grounds, without ruling on the merits, which does not affect whether the lawsuit was filed.[4][6][7]
Sources
7 sources: 2 fact-checkers, 1 tier 1, 2 tier 2, 2 not rated
- 1Trump administration takes California ballot fight to Supreme Courtreuters.com · fact-checker · cited for: supports
- 2Appeals court rejects Justice Department request for ...apnews.com · fact-checker · cited for: supports, context
- 3DOJ asks appeals court to intervene in California mail ...thehill.com · tier 1 · cited for: supports
- 4Appeals court rejects Trump DOJ demand to set aside ...cnn.com · tier 2 · cited for: supports, context
- 5Judge rules against Trump administration bid to set aside ...sacbee.com · not rated · cited for: supports, context
- 6Appeals Court Declines to Intervene in California Ballot Lawsuitnytimes.com · tier 2 · cited for: context
- 7Appeals court rejects Trump bid to block 20K LA County ...nbclosangeles.com · not rated · cited for: context
Where this claim was made
Said in 1 published post
Related claims
- The Department of Justice sued California to stop the counting of thousands of ballots.True
- The Department of Justice is seeking to block up to 20,000 ballots from being counted in California due to concerns they may be from non-citizens.True
- The Department of Justice filed a lawsuit against California claiming there are 20,000 non-citizens on the state's voter rolls.True
- The Department of Justice filed a lawsuit against California regarding the eligibility of voters on a list of 20,000 likely noncitizens.True
- The Department of Justice has requested that California segregate the ballots of the 20,000 individuals on the provided list and not count them until they are investigated.True