Federal judges blocked the Trump administration from threatening election workers with criminal prosecution and rejected demands to set aside thousands of ballots ahead of the November 3 midterm elections, while federal prosecutors issued grand jury subpoenas to California election officials in an escalating legal battle over noncitizen voting claims.
A federal judge in Northern California issued a temporary restraining order barring the Justice Department and the Department of Homeland Security from threatening, intimidating, or coercing state and local election workers over ballots linked to suspected noncitizens. U.S. District Judge Trina Thompson ruled that federal officials likely violated the Voting Rights Act just days before the November 3 midterm elections.
Judge Thompson Halts Threats Against Election Workers
The order explicitly prohibits federal officials from demanding that election workers remove registered voters from rolls, refuse to issue ballots, or decline to count votes based solely on unverified allegations of ineligibility. Thompson ordered the Justice Department to contact state and local officials who received warnings earlier in the week and inform them that the threats have been enjoined, according to court records from the Northern District of California.
Defendants shall not threaten, intimidate or coerce state or local elections officials or workers to demand that they halt processing the ballots of any registered voter solely on the basis that the ballot belongs to an individual alleged by Defendants to be ineligible to vote.
4 DAYS UNTIL ELECTION DAY.Remember: Your vote matters. Don't be intimidated. Keep voting as normal. The courts are upholding the rule of law, and states—not Donald Trump—run our elections.https://t.co/P0TBbyqv9B
Judge Trina Thompson, Northern District of California.
The lawsuit was brought by labor unions and civil rights organizations, including the Service Employees International Union and the NAACP. Patrick Moran, president of AFSCME, praised the decision, while Norm Eisen, co-founder of Democracy Defenders Action, stated that the court shut down bullying tactics directed at election workers.
These threats are yet another attempt designed to shake Americans’ confidence in the election results and undermine our electoral process. pic.twitter.com/PYFPM1z3P3
Grand Jury Subpoenas Target Local County Officials
Despite judicial warnings, federal prosecutors continued investigative actions on the ground in California. All four U.S. attorneys in California began issuing grand jury subpoenas to local election workers. Los Angeles County Registrar-Recorder Dean Logan confirmed that his office received subpoenas directed at employees, requiring appearances at the federal courthouse in Santa Ana on November 4, the day after the election.
In Orange County, Registrar of Voters Bob Page received a subpoena seeking unredacted voter registration information for about 60 people dating back to January 2017. Other subpoenas requested records of correspondence with federal officials, along with documentation detailing how county offices screen for unlawful voting by noncitizens.
Supporting election workers doesn't end on Election Hero Day. Election workers deserve to do their jobs without threats, intimidation, or interference.Let election officials do their jobs so the voters can do theirs.https://t.co/4OPWVeHWpA
At every step, the U.S. Department of Justice has taken a confrontational, adversarial approach. Election officials are acting in accordance with state and federal law.
Dean Logan, Los Angeles County Registrar-Recorder.
Judges Reject Demands to Sequestrate Ballots
The subpoenas coincided with a separate courtroom defeat for the administration. U.S. District Judge David O. Carter rejected a Justice Department request to force California election officials to set aside and halt processing the ballots of approximately 20,000 voters flagged by federal authorities as likely noncitizens. Carter expressed concern that sequestering the votes would disenfranchise eligible citizens and cause electoral chaos.
During a hearing in Los Angeles, Carter issued a direct warning from the bench after federal prosecutor Bill Essayli insisted that processing disputed ballots constituted a crime. This court believes it would be wise that any threats to state and county election employees cease immediately,
Carter told prosecutors during the 3.5-hour proceeding.
DOJ tried to bully election workers w/ threats & intimidation. Last night, a federal court shut it downWe & partners are fighting to protect elections in the court of lawBut we are winning in the court of public opinion also thx to allies like Chorus👇 https://t.co/8fc8IzHH6V
Justice Department Appeals Rulings to Higher Court
The Justice Department appealed Judge Carter’s ruling to the 9th Circuit Court of Appeals, arguing that failure to sequester the ballots would cause irreparable harm to the election. DOJ spokesperson Kiersten Pels defended the government’s stance in a statement regarding the grand jury subpoenas and judicial orders.
The Department of Justice does not comment on alleged grand jury subpoenas. But to be clear, the district court judge explained that voting unlawfully results in criminal exposure.
Verify eligibility. Protect every lawful vote. No shortcuts.The DOJ raised citizenship concerns about up to 20,000 California voters. A judge rejected its request to set their ballots aside.Get the evidence. Resolve the questions. Count every eligible vote and keep ineligible…
Kiersten Pels, DOJ Spokesperson.
Pels also criticized Judge Thompson’s restraining order, stating that the federal government was forced to operate under a two-track system of justice because decisions were issued without waiting to hear from federal attorneys. Meanwhile, state officials and voting rights advocates maintained that the federal government’s actions amounted to an attempt to usurp state authority over local election administration.
NEWS RELEASE: Federal Court Denies DOJ Request to Set Aside Ballots Ahead of November 3 General ElectionRuling affirms election procedures and reinforces protections for eligible votersLink: https://t.co/GjjEmw2NWZ
Will the 9th Circuit Court of Appeals intervene to halt the processing of the flagged ballots before the November 3 election concludes?
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BREAKING: Judge Trina Thompson barred DOJ and DHS from threatening election workers with prosecution or demanding states purge voters. She warned of "disenfranchising lawful voters." DOJ: noncitizen voting is "properly addressed through criminal law." https://t.co/VMOuW5yIKR pic.twitter.com/xXdbTEerOC
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