Newsom warns California judges to guard ballots against federal seizure
California Governor Gavin Newsom wrote to the chief judges of the state’s four federal district courts on Saturday, 31 October, warning them to be ready for possible attempts by the Trump administration to seize ballots and election materials before the midterm results are certified.
In the letter, Newsom said he had “grave concerns” that federal agents would seek search warrants to seize ballots before the results are certified. He wrote that the only reason to use search warrants in that way would be to interfere with the state’s “lawful counting of ballots and certifying the results of the election”.
The warning comes in the middle of a legal fight over the administration’s claim that more than 20,000 non-citizens are registered to vote in California. The state and many experts have questioned that list, and the Justice Department has not said how many of the people on it have actually voted. On Friday, a US appeals court rejected the administration’s bid to stop California counting midterm mail ballots from those voters, and a federal judge separately ordered the Justice Department to stop threatening election officials with prosecution.
Newsom’s letter pointed to threats from senior Justice Department officials, including Acting Deputy Attorney General Trent McCotter and prosecutor Bilal Essayli, and to grand jury subpoenas sent to election workers in Los Angeles County. He enclosed a September 2026 guide from the UC Berkeley Edley Center on Law and Democracy to help judges assess warrant applications.
Why it matters
The US Constitution gives states the job of running elections, so a federal move to seize ballots would be an extraordinary step. Newsom argues that California’s strict chain-of-custody rules already preserve any evidence of wrongdoing, leaving no legitimate reason to take ballots or counting equipment while counting is under way. Voters go to the polls on Tuesday, 3 November, in elections that could decide control of Congress, so a dispute over ballots in America’s most populous state would carry national consequences.
What happens next
The letter asks judges to apply extra scrutiny to any warrant application for election materials before 11 December 2026, when California’s results must be certified. The administration has signalled it may take its fight over the California ballots to the US Supreme Court.
This article is for general information and education only. It is not legal or financial advice.
Sources
- https://duke.fm/2026/10/31/california-governor-asks-us-judges-to-resist-trump-attempts-to-seize-ballots/ (Reuters, 31 October 2026)
- https://www.gov.ca.gov/2026/10/31/governor-newsom-sends-letter-to-top-federal-judges-in-california-warning-of-potential-election-interference-by-trump-administration/ (Office of Governor Gavin Newsom, 31 October 2026)
