Justice Department gives California 48 hours over alleged noncitizen voters, or it goes to court

The fight over who is on California's voter rolls now has a deadline: 48 hours.

The Justice Department told California officials on Tuesday to review a list of alleged noncitizen voters or face legal action, according to a letter reviewed by Reuters. The letter, from acting Deputy Attorney General R. Trent McCotter to Secretary of State Shirley Weber, says the department gave Los Angeles County officials a password protected thumb drive with the names of people the federal government believes are likely noncitizens and were sent mail in ballots.

The demands are specific. The state is to refuse to send ballots to anyone on the list until citizenship status is confirmed. Ballots from listed voters who already received one are to be segregated when returned, and ballots already returned are not to be tabulated until citizenship has been determined. If state officials do not follow the instructions, the letter says, the federal government will have no choice but to seek emergency relief in court. A department spokeswoman confirmed the letter and said the department will take all necessary legal action to protect election integrity and ensure compliance with federal law. The White House and the California secretary of state's office did not immediately respond to requests for comment.

The letter is an escalation of the administration's pressure on states over alleged voting by noncitizens, and it lands three weeks before the November 3 elections, when Republicans are defending narrow majorities in Congress. Whether California complies, refuses, or answers in court will be decided inside the 48 hour window, and any emergency case would be argued with ballots already moving through the mail.