The U.S. Department of Justice has ratcheted up its pressure campaign on California election officials to ferret out alleged voter fraud ahead of the Nov. 3 midterm election, demanding that officials statewide prove the U.S. citizenship of thousands of voters flagged by the federal government as potential noncitizens, or withhold or set aside their ballots.

Acting Deputy Attorney General R. Trent McCotter made the demand — which experts called highly questionable at a time when votes are already being cast — in letters to state elections officials Tuesday, including California Secretary of State Shirley Weber and Dean Logan, head of the L.A. County Registrar-Recorder/County Clerk’s office.

The letters, reviewed by the Los Angeles Times, call on the state officials to respond to the Justice Department within 48 hours.

McCotter wrote that the Justice Department had provided Logan’s office with a “password-protected thumb drive with a list of names the Federal Government believes are likely noncitizens who were sent a vote-by-mail ballot” for the Nov. 3 election.

“We request that you review the list within 48 hours to determine whether any citizens are listed. For individuals whom you cannot independently confirm citizenship status, we request that you immediately instruct the appropriate elections officials to segregate — not cancel — those individuals’ vote-by-mail ballots until their citizenship status can be determined,” McCotter wrote to both Weber and Logan.

Voters on the federal list who haven’t already been sent a ballot should not be sent one until their citizenship is verified, while ballots already returned by voters on the list should not be counted until their citizenship is verified, McCotter wrote.

Weber’s office did not respond to a request for comment.

Logan said his office was reviewing the Justice Department letter in coordination with Weber and California Attorney General Rob Bonta, but had not accessed the USB drive because state officials “do not consider the device a secure medium” and accessing its contents “would conflict with established data privacy and information security protocols.”

He said maintaining accurate voter records is a fundamental responsibility of his office, but also that federal and state laws “are clear on how voter eligibility is established — and any action to remove a voter from eligibility must be based on verifiable information, not assertions of unconfirmed data matching.”

Weber has previously questioned the basis for a claim by Homeland Security Secretary Markwayne Mullin in July that there may be more than 190,000 noncitizen voters on California rolls, and rebuffed Trump administration offers to work with her office to purge state polls of such ineligible voters ahead of November without additional information on how it reached its conclusions.

Similar Trump administration lists have been shown in other states to be substantially inaccurate, and to include many voters who are indeed citizens. Election experts say that makes the demand on California — where ballots have already been mailed out — even more concerning.

“One must question why the DOJ would violate its own rules about investigating elections close to election day, and over a week after they knew the state had already mailed ballots out, particularly when their past claims have been full of errors,” said David Becker, executive director of the nonpartisan Center for Election Innovation & Research.

Becker noted the Trump administration alleged that there were nearly 16,000 noncitizens registered in Nevada, later reduced that number to 185 after additional scrutiny, and then determined all of them were in fact citizens.

A Justice Department spokesperson, in a statement to The Times, defended the agency’s demands to California — saying it “should not be controversial, as the criminal statute is clear: only American citizens may vote in federal elections. It is a federal crime for noncitizens to vote in U.S. elections, and the DOJ is asking California to ensure that is not occurring.”

The spokesperson said the agency could not provide the exact number of voters whose citizenship is being questioned, but that it is in the thousands.

McCotter wrote that if Weber cannot implement his demands for how to segregate ballots and verify voter citizenship for those on the federal list, the Justice Department “will have no choice but to seek emergency relief” — an apparent reference to seeking court intervention.

McCotter copied on the letters First Assistant U.S. Atty. Bill Essayli, the lead federal prosecutor in Los Angeles whose office has previously sent Logan’s office a series of grand jury subpoenas for individual voter records as part of a criminal investigation into illegal voting.

Essayli’s office referred questions to the Justice Department. Bonta’s office referred questions to Weber and Logan.

Rick Hasen, director of the Safeguarding Democracy Project at UCLA Law, said he is “not aware of anything like this ever happening this close to an election,” and that it may in fact be illegal under the National Voter Registration Act, which “prevents systematic purges of voters 90 days before the election.”

He said the question of whether that preclusion against purges applies to the removal of noncitizens is an issue that is currently before the U.S. Supreme Court, in an Arizona case the high court will hear in December, but that the Justice Department’s actions strike him as “legally questionable.”

Hasen said the “whole point of that 90-day rule is to prevent the inadvertent disenfranchisement of eligible voters by mistake in the rush before the election,” and that risk is increased by the inaccuracies of similar lists presented by the Trump administration in other states. “So if there is an attempt to go to court — if DOJ tries to sue over this — they might have a hard time getting a judge to agree that this is something that the registrar must do or even can do.”

The fact that elections officials are already busy receiving and pre-processing ballots would only bolster the state’s position in such a case, Hasen said.

“It’s obviously not a convenient time,” he said. “And given the fact that the lists have proven to be wildly inaccurate, at least in other states, it might be sending the registrar on a wild goose chase, when they have more relevant things to do in the election.”

But that “chaos” may be the point, Hasen said. “This is potentially another example of DOJ just making the work of state and local election administrators — which is already quite difficult and stressful — even harder,” he said.

Attorneys with the UCLA Voting Rights Project filed a lawsuit last month on behalf of the Coalition for Humane Immigrant Rights and a California voter named Pedro Trujillo, in which they challenged the Trump administration’s use of unproven federal databases to allege registered California voters are not citizens.

On Wednesday, they told the Justice Department they would be seeking emergency relief from such practices, given McCotter’s letters.

“The federal government’s attempt to pressure California election officials into acting on lists that may misidentify eligible voters is an alarming abuse of power as election season gets underway. This puts our communities and our fundamental rights at risk,” said Carl Bergquist, a CHIRLA attorney.

The Justice Department in recent weeks has announced scattered arrests of alleged noncitizen voters around the country, and Trump administration officials — including Essayli — have pointed to such arrests as proof that noncitizens are voting illegally.

Such voting does happen, Hasen said, but after months of the administration aggressively searching for such voters, the relatively small number of arrests “belies the contention that it’s widespread” or criminal, with many of the few cases identified the result of “administrative error or misunderstanding” rather than an intent to illegally cast ballots.

In his letters to Weber and Logan, McCotter wrote that allowing “noncitizens to vote cancels citizen votes,” and that ferreting out illegal noncitizen voters is a joint responsibility of state and federal officials.

“States are responsible for voter registration, and the Federal Government is responsible for maintaining immigration records to enable verification of citizenship,” he wrote. “Working together, we can more effectively protect against voter dilution and promote election integrity.”

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