Judge Bars the Justice Department From Threatening Election Workers Over Ballots, With a Response Due Monday

A federal judge in California has barred the Department of Justice from threatening to prosecute state and local election officials who do not follow the department's directives for handling ballots. U.S. District Judge Trina Thompson issued the temporary restraining order on Friday, October 30, in a lawsuit brought by labor and civil rights organizations, finding that the challengers had shown the department's threats likely violate federal law and the U.S. Constitution and are interfering with the lawful administration of elections.

Until the order expires at 5 p.m. on November 16, the Justice and Homeland Security departments may not threaten, intimidate or coerce election officials or workers to halt processing a registered voter's ballot solely because the federal government suspects the voter is a noncitizen or otherwise ineligible. They also may not demand that officials purge those voters, refuse them ballots or set their ballots aside on that basis, or threaten workers with prosecution for counting ballots as the law requires. The departments must notify every government that received their ballot letters that the threats are blocked, and the Justice Department must disclose any pending search warrant applications and grand jury subpoenas tied to its voter lists.

The case grew out of the department's demands this month that California set aside up to about 20,000 ballots from people the federal government has claimed are noncitizens, and a similar demand covering 405 ballots in Washington, along with subpoenas to Los Angeles County election workers. The lawsuit was brought by the Service Employees International Union, the American Federation of State, County and Municipal Employees, the League of United Latin American Citizens and the NAACP.

The Justice Department appealed the order to the Ninth Circuit Court of Appeals on Saturday, and it must respond in the district court by noon on Monday, November 2, with a hearing on a longer preliminary injunction set for November 13. The order does not settle any individual voter's eligibility. In Essex County, polls are open Tuesday from 6 a.m. to 8 p.m., and county election workers process and count ballots under New Jersey law.