California county clerk says federal agents threatened him over error-filled 'voter fraud' list

A California county elections official says federal officials gave him a disorganized, error-filled list of supposed noncitizen voters and threatened him with criminal prosecution if he did not act on it. Keaton Denlay, clerk-recorder and registrar of voters in Butte County, north of Sacramento, spoke out Wednesday, six days before the Nov. 3 election ¹.

Denlay said a person identifying himself as a Department of Homeland Security agent dropped off paperwork at his office at about 3:30 p.m. Friday. It included a Justice Department letter that misspelled his name, two declarations and a two-page list of names ¹.

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What the list actually showed

The Justice Department letter said the list "contains 47 likely aliens" who were unlawfully registered. It asked that their mail ballots be set aside, not canceled, until citizenship could be determined ¹.

Denlay said the list did not match the letter. The two pages were two copies of the same list, and it held 46 names, one repeated, so 45 distinct people. Of those, 32 were not on Butte County's active voter rolls and were not sent ballots ¹.

Seven more names lacked enough detail to check. That left six names that might be ineligible, by his count. He said he has not received a digital copy and has had no further contact with the department ¹.

The threat

The letter warned: "If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime." ¹ Denlay said he declined to act. He said he is not losing sleep over it and will keep doing his job ¹.

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We will not be intimidated by agents with guns for simply doing our jobs, nor will we be rushed into compromising confidential voter data.

Denlay pointed to California law, which says a person challenging a voter's eligibility must provide "extraordinary proof." He wrote that the list did not even come close to that ¹.

A wider pattern

The Justice Department sued Oct. 15 to bar California from counting mail ballots from people it calls likely noncitizens. It claims about 20,000 voters are involved. State officials say the data is unreliable and the federal government lacks authority ¹².

Other counties report similar letters. Napa County's registrar, John Tuteur, said uniformed Homeland Security officers delivered a list of 42 names. He said, "We're not changing anything we're doing. We're proceeding with the election." ²

In San Benito County, registrar Francisco Diaz said his office got 33 names and found some were not registered there. The California attorney general's office said Mendocino County received names of people who did not live there ¹².

A Justice Department spokeswoman has said the department is "not requesting a purge, cancellation of registrations, or any programmatic action." ² The U.S. attorney's office that signed Denlay's letter declined to comment, and Homeland Security did not respond ¹.

What happens next

The Justice Department's lawsuit is still before a federal judge, who has criticized the department's public threats to charge election officials. Legal experts told the Guardian the threats are empty and meant to intimidate ¹.

That matters because local clerks run the count. Pressure on them in the final week, built on a list that did not hold up, risks scaring workers and voters. For now, Denlay says Butte County voters on the active list are eligible and the election is on track ¹.

The Record

1. Oct 15, 2026The Justice Department sued to bar California from counting mail ballots from people it calls likely noncitizens ².
2. Oct 23, 2026Federal officials delivered the 47-name list and demand letter to Butte County's elections office ¹.
3. Oct 28, 2026Clerk Keaton Denlay said the list was riddled with errors and that he declined to act ¹.

Sources

1. The Guardian, “California election official says federal agents threatened him over 'voter fraud'” (2026-10-28). theguardian.com/us-news/2026/oct/28/california-elections-fed
2. AP, “California election officials frustrated, rattled by DOJ demand to sequester 'noncitizen' ballots” (2026-10-24). clickondetroit.com/news/politics/2026/10/24/california-elect

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