Body of News Release
Marin County, CA — The County of Marin has informed the U.S. Department of Justice (DOJ) that it cannot comply with a demand to set aside the ballots of 48 voters whose citizenship status federal officials have questioned. The decision follows a review of applicable state and federal laws and a preliminary review of the information provided by the federal government.
On Oct. 23, 2026, agents from the U.S. Department of Homeland Security (DHS) delivered a DOJ demand letter accompanied by a list of voters and two court declarations from DHS employees. The letter requested cooperation in identifying 48 suspected noncitizens on the Marin County voter roll and demanded that ballots submitted by those voters be set aside until their citizenship status could be determined.
Upon reviewing the applicable state and federal laws, as well as the list provided, the County determined that complying with the DOJ's demands likely violates laws designed to protect individual privacy and the right to vote. A preliminary review also found the list to be "at best materially unreliable."
California voters have a right under state constitutional law to have their ballots counted if they are lawfully registered to vote. Sequestering voted ballots cast by lawfully registered voters likely violates that constitutional protection.
“We take the accuracy of the voter roll seriously, but questions about eligibility must be supported by reliable information and handled according to law,” said Registrar of Voters Natalie Adona. “The rights of lawfully registered voters cannot depend on whether an outside list happens to include their names. Our responsibility is to protect their privacy and ensure that votes cast lawfully are counted.”
With the Nov. 3 general election approaching, the Marin County Elections Department continues to focus on administering an election that protects the rights of eligible voters and follows applicable law. The department encourages registered voters to cast their ballots early and reminds voters that official ballot dropboxes and vote centers are available throughout the County.
For questions about the voting process, contact the Elections Department at 415-473-6456 or email the Elections Department. Current election information, including voting locations and hours, is available at Marin County’s November 3 Election webpage.