DOJ seeks to set aside flagged California ballots; Weber disputes its evidence
DOJ seeks verification before counting flagged California mail ballots before the November election. Weber disputes the evidence and process. The complaint identifies the registrants as likely noncitizens.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
DOJ's October 15 complaint follows an October 13 demand for review within 48 hours. The government describes record matching and investigation that it says identify likely noncitizens. Its requested relief would delay federal-election tabulation of flagged mail ballots until verification; it does not establish that every listed person is ineligible or voted. Weber says the government has not supplied adequate data or methodology and argues that the demand conflicts with voting-rights protections and the 90-day list-maintenance restriction. She offers to review proof of ineligibility under lawful procedures. Padilla criticizes the suit's evidence and timing. The complaint's allegations remain contested. Los Angeles County Registrar-Recorder Dean Logan is also a defendant. Weber describes the list as approximately 20,000 names, while DOJ says more than 20,000.
People in this case
Shirley WeberDirectly involved
Alex PadillaDirectly involved
Timeline
2 timeline entries on this page. Dates: October 13, 2026 to October 15, 2026
October 2026
DOJ demands review and segregation of flagged ballots
The complaint and Weber's response describe a list and a deadline of October 15 for state action.
[01]United States complaint seeking verification of flagged California ballots
The government asks to segregate and withhold tabulation of certain federal-election mail ballots until citizenship is verified. The complaint describes the voters as likely noncitizens.
United States complaint seeking verification of flagged California ballotsNo. 2:26-cv-12025, document 1, paragraphs 3-6, 33-48 and 60-63[02]Shirley Weber rejects DOJ ballot-segregation demands
Weber disputes the evidence and deadline, describes voting-law safeguards, and offers to review proof of ineligibility under lawful procedures.
Shirley Weber rejects DOJ ballot-segregation demandsLetter responding to October 13 demand, pages 1-3DOJ files suit; Weber disputes the evidence and demands
DOJ seeks verification before federal-election tabulation of flagged mail ballots. Weber rejects the demand's evidentiary basis, timetable and legal theory.
[01]United States complaint seeking verification of flagged California ballots
The government asks to segregate and withhold tabulation of certain federal-election mail ballots until citizenship is verified. The complaint describes the voters as likely noncitizens.
United States complaint seeking verification of flagged California ballotsNo. 2:26-cv-12025, document 1, paragraphs 3-6, 33-48 and 60-63[02]Shirley Weber rejects DOJ ballot-segregation demands
Weber disputes the evidence and deadline, describes voting-law safeguards, and offers to review proof of ineligibility under lawful procedures.
Shirley Weber rejects DOJ ballot-segregation demandsLetter responding to October 13 demand, pages 1-3
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
United States Department of Justice
Federal-election mail ballots from registrants identified as likely noncitizens should be withheld from tabulation until citizenship is verified.
Sources (1)
- United States complaint seeking verification of flagged California ballotsNo. 2:26-cv-12025, document 1, paragraphs 3-6, 33-48 and 60-63
Disputed claim
DOJ's evidence and deadline do not justify segregating and refusing to count the identified voters' ballots.
Sources (1)
- Shirley Weber rejects DOJ ballot-segregation demandsLetter responding to October 13 demand, pages 1-3
Response record
Responses
Choose one response filter, or select All responses to see the full record.
3 responses. Newest first.
United States Department of JusticeFederal plaintiff, through Department of Justice counselDirectly involvedBefore this statement
Immediately before this sentence, DOJ asks the court to set aside mail ballots from people it identifies as likely noncitizens and require citizenship verification before tabulation.
"The United States seeks this relief to prevent unlawful dilution of American citizens’ votes and to protect the integrity of our elections."
Defended or excusedCase context: DOJ seeks to set aside flagged California ballots; Weber disputes its evidence
Full statement and sources
DOJ asks the court to set aside mail ballots from people it identifies as likely noncitizens and require citizenship verification before those ballots are tabulated.
After the statement
This sentence states DOJ's justification for its requested relief. It does not establish that the voters are noncitizens.
United States complaint seeking verification of flagged California ballotsNo. 2:26-cv-12025, document 1, paragraphs 3-6, 33-48 and 60-63Justice Department announces California voter-list lawsuitOpening and statements by Todd Blanche, Markwayne Mullin, Trent McCotter and Bill EssayliWhy this label?
The case concerns DOJ's proposed restrictions on flagged California mail ballots. DOJ asks the court to order those restrictions and argues that they protect citizens' votes and election integrity. This supports the ballot restrictions under scrutiny.
This label describes the statement's response within the context above.
Shirley WeberCalifornia Secretary of StateDirectly involvedBefore this statement
Weber questions the basis for suspecting the listed voters are noncitizens and objects to a 48-hour deadline.
"This is an emergency of the DOJ’s creation."
CondemnedCase context: DOJ seeks to set aside flagged California ballots; Weber disputes its evidence
Full statement and sources
Weber disputes the evidence for DOJ's list and objects to its 48-hour deadline and proposed ballot restrictions.
After the statement
She says California's election administration will follow federal and state law and describes its citizenship and voter-list safeguards.
Shirley Weber rejects DOJ ballot-segregation demandsLetter responding to October 13 demand, pages 1-3Why this label?
The issue is dOJ's demand to segregate flagged California mail ballots and withhold tabulation until citizenship verification. She expressly criticizes the proposed restrictions; willingness to examine real evidence does not dilute that rejection.
This label describes the statement's response within the context above.
Alex PadillaU.S. senator from CaliforniaDirectly involvedBefore this statement
Padilla issued his statement after DOJ sued California and Los Angeles election officials.
"This lawsuit has no legal basis or evidence behind it and is nothing more than a blatant abuse of power designed to sow distrust in our elections and threaten Americans’ right to vote."
CondemnedCase context: DOJ seeks to set aside flagged California ballots; Weber disputes its evidence
Full statement and sources
Padilla criticizes the evidence, timing and legal basis of the federal lawsuit and pledges opposition.
After the statement
Padilla says California's elections are safe and secure and pledges to fight the federal action.
Alex Padilla criticizes DOJ lawsuit against California election officialsOctober 15 statementWhy this label?
The issue is dOJ's demand to segregate flagged California mail ballots and withhold tabulation until citizenship verification. He expressly condemns the lawsuit and requested restrictions.
This label describes the statement's response within the context above.
Sources
(4)
Original text
United States complaint seeking verification of flagged California ballots
Relevant passage: No. 2:26-cv-12025, document 1, paragraphs 3-6, 33-48 and 60-63
About this source
The government asks to segregate and withhold tabulation of certain federal-election mail ballots until citizenship is verified. The complaint describes the voters as likely noncitizens.
- Author
- United States Department of Justice
- Published
- Accessed
Official statement
Alex Padilla criticizes DOJ lawsuit against California election officials
Relevant passage: October 15 statement
About this source
Padilla criticizes the evidentiary basis and timing of the lawsuit and says he will oppose it.
- Author
- Alex Padilla
- Published
- Accessed
Official statement
Shirley Weber rejects DOJ ballot-segregation demands
Relevant passage: Letter responding to October 13 demand, pages 1-3
About this source
Weber disputes the evidence and deadline, describes voting-law safeguards, and offers to review proof of ineligibility under lawful procedures.
- Author
- Shirley N. Weber
- Published
- Accessed
Official statement
Justice Department announces California voter-list lawsuit
Relevant passage: Opening and statements by Todd Blanche, Markwayne Mullin, Trent McCotter and Bill Essayli
About this source
DOJ defends its lawsuit; DHS describes its citizenship analysis as preliminary and ongoing.
- Author
- United States Department of Justice
- Published
- Accessed
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Cite this record
- Publisher
- The Dispute Index
- Title
- DOJ seeks to set aside flagged California ballots; Weber disputes its evidence
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/doj-california-noncitizen-mail-ballots-weber-verification
The Dispute Index. "DOJ seeks to set aside flagged California ballots; Weber disputes its evidence". First published: 2026-10-16. Last updated: 2026-10-16. https://disputeindex.com/cases/doj-california-noncitizen-mail-ballots-weber-verification