Gov. Newsom raises alarm over possible federal action against California election materials after Tuesday’s vote
Sacramento, California – California’s election officials are preparing to count millions of ballots on Tuesday, but Gov. Gavin Newsom is raising concerns about a different possibility: federal agents attempting to seize election materials before the counting is finished.
With Election Day approaching, the governor has taken his concerns directly to California’s federal judiciary, warning that actions by President Donald Trump’s administration could threaten the state’s ability to complete its election process.
On October 31, Newsom sent a letter to the chief judges of California’s four federal district courts, urging them to carefully examine any requests for search warrants involving ballots, election records or certified voting equipment.
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The warning comes amid an escalating legal dispute between California and the U.S. Department of Justice over election procedures and allegations involving noncitizen voters.
In his letter released by the governor’s office, Newsom emphasized that he was unaware of any pending warrant applications involving election materials. His concerns, he explained, were based on recent federal actions and statements.
Newsom identified Acting Deputy Attorney General Trent McCotter, who he said had warned election officials about possible legal consequences for refusing federal demands.
He also pointed to Bilal Essayli, First Assistant U.S. Attorney for California’s Central District, accusing him of threatening criminal prosecution against officials who process ballots from people federal authorities suspect are noncitizens.
Federal grand jury subpoenas targeting Los Angeles County election workers have added to those concerns.
The dispute has already reached federal courts. A federal appeals court rejected an administration request involving more than 20,000 ballots linked to alleged noncitizen voters, while another federal judge restricted threats against election officials.
Newsom argues that California’s existing ballot security requirements, including strict documentation, retention and chain-of-custody rules, already protect election materials and preserve potential evidence.
He maintains that removing ballots or counting equipment before certification could disrupt the lawful election process.
To help judges assess any future applications, Newsom included guidance prepared in September by UC Berkeley’s Edley Center on Law and Democracy.
The document outlines questions courts should consider when evaluating requests to search or seize election materials.
California’s election results are scheduled to be certified by December 11, 2026, leaving several weeks after Tuesday’s vote during which the governor believes additional judicial scrutiny may be necessary.
For Newsom, the concern extends beyond the immediate election. He warned that federal intervention could undermine public confidence in the results and interfere with officials’ responsibility to count legally cast ballots.
“The stakes for democracy and the rule of law are too high,” he wrote.
