California admitted in federal court that the state has no way of verifying citizenship beyond what voters attest.
First Assistant US Attorney Bill Essayli took California to task on Tuesday afternoon following the damning admission.
Via Bill Essayli: Massive concession: Los Angeles election officials just told a federal court they have no independent way to verify citizenship beyond what voters attest. (They simply take their word for it.) Under federal law, only citizens may vote in federal elections. Yet California has not acted on the list of 20,000 suspected noncitizens or agreed to set aside their ballots. American citizens’ votes are being diluted in California.
Massive concession: Los Angeles election officials just told a federal court they have no independent way to verify citizenship beyond what voters attest. (They simply take their word for it.) Under federal law, only citizens may vote in federal elections. Yet California has not acted on the list of 20,000 suspected noncitizens or agreed to set aside their ballots. American citizens’ votes are being diluted in California.
— F.A. United States Attorney Bill Essayli (@USAttyEssayli) October 20, 2026
Newsom’s office responded to Bill Essayli and mocked his position as the First Assistant US Attorney.
California adheres to Federal Law passed by Congress in the 1990s [see 52 U.S.C. 20504(c)(2) (Section 5 of the NVRA)]
May want to brush up on your election law before tweeting.
Perhaps Second Assistant is more apt from now on?
— Governor Newsom Press Office (@GovPressOffice) October 20, 2026
Bill Essayli hit back at Newsom’s office by citing federal law.
Federal Law
18 U.S.C. § 611: It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for federal office.
18 U.S.C. § 2: Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission is punishable as a principal.
— F.A. United States Attorney Bill Essayli (@USAttyEssayli) October 20, 2026
The Justice Department on Monday asked the Court for an emergency restraining order against California, requiring the state to immediately set aside the 20,000 ballots sent to non-citizens.
On Friday, the DOJ put California on notice and vowed to prosecute election officials who tabulate unlawful ballots.
“California on Notice: Federal agencies identified over 20,000 suspected noncitizens registered to vote in California who have already been mailed ballots,” First Assistant US Attorney Bill Essayli said on Friday.
“Under 18 U.S.C. §§ 611 and 2, officials who knowingly tabulate unlawful ballots risk aiding and abetting a federal offense. The Justice Department urges the County and the Secretary of State to temporarily segregate the flagged ballots pending citizenship verification or face legal consequences,” Bill Essayli said.
On Monday, the DOJ requested a restraining order to immediately separate the 20,000 ballots.
“Once illegally cast ballots are counted and commingled with lawful votes, the resulting harm may be impossible to remedy. The urgency is heightened because of the fundamental right to vote and to have one’s lawful vote counted without dilution,” the DOJ said in its request for a Temporary Restraining Order (TRO), according to Fox News.
The emergency request for a TRO comes after the DOJ filed a federal lawsuit against California.
The federal lawsuit, filed in the Central District of California on October 15, requests an order preventing the tabulation of ballots belonging to individuals identified as likely noncitizens until their citizenship can be determined.
The Justice Department said Homeland Security Investigations and federal partners examined voter-registration records and conducted additional verification work to identify potential noncitizens.
On Tuesday evening, the case was assigned to Judge John W. Holcomb, a Trump appointee.
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