34 Charged Nationally as Six More Noncitizens Face Federal Illegal Voting Counts in California
The cumulative charge count under Operation Protect the Vote signals that federal prosecutors are treating noncitizen voting as a sustained enforcement priority heading into and beyond the 2026...
Federal prosecutors in California announced charges Monday against six additional noncitizens accused of illegally registering and casting ballots in federal elections, bringing the total number of individuals charged under a Justice Department initiative to 34, according to a press conference held by First Assistant U.S. Attorney Bill Essayli, as reported by the New York Post.
Essayli described the effort as part of "Operation Protect the Vote," a federal enforcement program his office has been pursuing in the Central District of California. The six individuals charged Monday include an Iranian national and a Canadian national, according to the same press conference. Their names, the specific elections in which they allegedly voted, and the exact charges filed were not fully detailed in the available source material. Court filings in the Central District of California would contain those specifics.
The charges encompass two distinct alleged violations: illegal registration to vote in a federal election and the act of casting a ballot in a federal election as a noncitizen. Both are federal offenses under 52 U.S.C. Section 10307, which prohibits voting by individuals who are not U.S. Citizens in elections for federal office. Conviction under that statute carries a maximum penalty of one year in prison for registration violations and up to one year or more depending on specific charging instruments used.
The cumulative total of 34 charged individuals does not specify how many were charged solely with illegal registration versus those who allegedly cast ballots. That breakdown, which is material to assessing the scope of the alleged conduct, would be contained in individual indictments or criminal complaints filed with the court and available through the Public Access to Court Electronic Records system.
Noncitizen voting has been a recurring subject of federal and state legislation in recent years. The Safeguard American Voter Eligibility Act, commonly called the SAVE Act, was reintroduced in the 119th Congress and would require documentary proof of citizenship to register to vote in federal elections. The bill passed the House as part of a budget reconciliation package in 2025 but its Senate status remained unresolved as of this publication's last reporting on the matter.
Current federal law already prohibits noncitizens from voting in federal elections, but critics of the existing system argue that automatic voter registration processes in states like California create conditions under which noncitizens may be registered without intent. California election officials and voting rights organizations have countered that state systems include attestation requirements and that verified instances of noncitizen voting are rare relative to the total electorate. Neither position is adjudicated by the charges filed Monday, which allege individual criminal conduct, not systemic failure.
California has approximately 39 million residents, of whom roughly 11 million are estimated to be noncitizens, including both lawful permanent residents and undocumented individuals, according to the Public Policy Institute of California's most recent population estimates. Noncitizens are not eligible to vote in any federal election in California or any other state.
The timing of the announcement, the day before the November 3, 2026, midterm elections, is a factual circumstance of record. DOJ policy, codified in Justice Manual Section 9-85.500, generally cautions against overt investigative steps that could influence an election within 60 days of a federal election. Whether the announcement complied with that guidance, and whether any internal review was conducted, is not addressed in the available source material. A press inquiry to the DOJ Office of Public Affairs would be the appropriate mechanism to obtain that answer.
The 2026 midterm elections are being closely watched for competitive races across multiple states. For context on competitive Senate contests being decided Tuesday, see TCT's earlier coverage: Texas Senate Race: Talarico and Paxton Face Voters on Election Eve.
What remains unknown includes the full names and nationalities of all 34 individuals charged under Operation Protect the Vote, the specific federal elections in which they allegedly voted, the districts of registration, and whether any of the 34 cases have resulted in guilty pleas or convictions to date. Those records are publicly available through PACER under the Central District of California docket and through any DOJ press releases cataloguing prior Operation Protect the Vote announcements.