Trump warns California election staff of possible jail over non-citizen ballot counts

President Donald Trump used his Truth Social platform to assert that California election officials risk lengthy imprisonment if they count mail ballots from people the Justice Department deems likely non-citizens. The department’s letter warns that officials who "knowingly tabulate" such ballots could be charged as aiders and abettors under federal law. Experts explain that a criminal case would require proof that an official knowingly assisted an illegal vote, which the list of roughly 20,000 suspected non-citizens does not establish.

Shirley Weber, California's secretary of state, has challenged the federal request, noting the lack of disclosed methodology and the proximity to the election. Scholars from the University of Maryland and the University of Houston Law Center stress that the knowledge requirement makes any prosecution unlikely without concrete evidence. The Justice Department maintains the list is based on multiple data-enrichment methods but continues to label the individuals as "likely" non-citizens.