Sen. Alex Padilla of California tried to dismiss the allegation that 20,000 noncitizens received ballots by claiming there was no evidence behind it. His excuse did not survive contact with the details presented by Bill Essayli.
Padilla joined California Democrats in defending ballots sent to noncitizens, even as Republicans push to clean voter rolls across the country. The controversy raises serious questions about how many state and federal offices could change hands if ineligible voters were removed.
The criticism also points to Padilla’s invocation of the Constitution, which reserves American rights, including voting, for American citizens. Padilla claimed the 20,000 people identified as noncitizens were eligible, but Essayli offered a direct rebuttal.
First, they offer no evidence to try to block 20,000 ballots from being counted. Now, the Trump Administration is threatening California election officials with criminal investigations without any legal basis.
The Constitution gives states the authority to administer elections — not Donald Trump. California won’t be bullied, and every eligible voter has the right to vote and have their vote counted.
— Senator Alex Padilla (@SenAlexPadilla) October 17, 2026 [1]
Padilla is among the Democrats circling the wagons as the Trump administration and its local representatives challenge California officials. The fight now centers on citizenship records, ballot handling, and whether flagged ballots will be counted before eligibility is verified.
Essayli, the first assistant U.S. attorney for the Central District of California, has emerged [2] as an aggressive voice in the dispute. His response to Padilla was concise, pointed, and backed by the records federal officials say they possess.
The Trump administration identified at least 20,000 noncitizens who had already been sent ballots for this year’s election. That finding prompted a confrontation with California Secretary of State Shirley Weber and Attorney General Rob Bonta.
Weber and Bonta denied the allegations while also taking the position that the ballots had already been sent. California officials essentially argued that it was too late to address the matter and showed little interest in doing so.
Essayli answered that resistance by saying he would see the California officials in court. When Padilla added his own denial to the growing chorus, Essayli responded publicly on X with specific information about what federal officials had provided.
Essayli began his response by asking, “What are you talking about?”
“We gave California the names, addresses, and DOBs of the noncitizens we’ve identified. We have their alien files at [U.S. Citizenship and Immigration Services], which contain their immigration status. If California has evidence showing they are in fact citizens, we would love to see it. This shouldn’t be political.”
Essayli concluded, “We’re enforcing federal laws passed by Congress.”
What are you talking about? We gave California the names, addresses, and DOBs of the noncitizens we’ve identified. We have their alien files at @USCIS, which contain their immigration status. If California has evidence showing they are in fact citizens, we would love to see it. This shouldn’t be political. We’re enforcing federal laws passed by Congress.
— F.A. United States Attorney Bill Essayli (@USAttyEssayli) October 17, 2026 [3]
In a separate post, Essayli cited federal law and warned California Democrats about the potential consequences of knowingly counting unlawful ballots. His message urged officials to separate the flagged ballots until citizenship could be confirmed.
“Under 18 U.S.C. §§ 611 and 2, officials who knowingly tabulate unlawful ballots risk aiding and abetting a federal offense. @TheJusticeDept urges the County and the Secretary of State to temporarily segregate the flagged ballots pending citizenship verification or face legal consequences.”
California on Notice: Federal agencies identified over 20,000 suspected noncitizens registered to vote in California who have already been mailed ballots. Under 18 U.S.C. §§ 611 and 2, officials who knowingly tabulate unlawful ballots risk aiding and abetting a federal offense. @TheJusticeDept urges the County and the Secretary of State to temporarily segregate the flagged ballots pending citizenship verification or face legal consequences.
— F.A. United States Attorney Bill Essayli (@USAttyEssayli) October 16, 2026 [4]
That warning shifted the dispute beyond partisan talking points and toward possible legal action. Essayli’s position was that officials who knowingly tabulate unlawful ballots could expose themselves to consequences under federal law.
The request itself was straightforward: temporarily segregate the flagged ballots while officials verify citizenship. California could also provide evidence showing that the identified individuals are citizens, something Essayli explicitly said federal officials would welcome.
Instead of settling the matter by producing such evidence, California Democrats have continued resisting the federal challenge. Essayli’s response leaves Padilla’s excuse looking especially weak because federal officials say they already supplied names, addresses, birth dates, and immigration files.