U.S. District Judge Trina Thompson issued a temporary restraining order Friday, October 30, blocking the Justice Department (DOJ) and Department of Homeland Security (DHS) from pressuring election officials to stop processing ballots or set aside votes based solely on the administration’s claims that certain registered voters are ineligible to vote.
The order also prohibits federal officials from threatening election workers with criminal prosecution for performing their legally assigned duties.
The ruling follows a lawsuit filed by labor unions and civil rights organizations accusing the Trump administration of using threats of prosecution and federal investigations to pressure election officials into changing how they handle ballots.
The political news that affects your wallet, your rights and your vote, broken down in plain language. Free in your inbox.
The lawsuit was brought by labor unions and civil rights organizations, including groups representing workers responsible for administering elections. The plaintiffs argued that federal officials were creating an environment in which election workers could face criminal consequences for following established election procedures.
The judge agreed that the plaintiffs had presented sufficient evidence to justify emergency court intervention.
In her ruling, Thompson found that the administration’s conduct likely violated the Voting Rights Act of 1965, which prohibits intimidating, threatening or coercing people who assist voters.
She also questioned the administration’s authority to interfere with how states administer their elections.
“Although Defendants claim that their actions are designed to halt unlawful voting by noncitizens, their actions are likely to have the effect of interfering with election administration and disenfranchising lawful voters,” Thompson wrote.
The ruling does not establish that every voter identified by the administration is eligible. Instead, it prevents federal officials from using unverified allegations of ineligibility as grounds to force election workers to stop processing ballots.
The dispute intensified after the Justice Department pushed California officials to separate mail ballots associated with approximately 20,000 people the administration alleges are not U.S. citizens.
Federal officials also issued grand jury subpoenas to Los Angeles County election officials as part of their investigation.
The administration pursued similar efforts in Washington state, where it sought to have certain ballots separated because of suspected noncitizen voting.
Those efforts have encountered resistance in federal court. Another California federal judge rejected the Justice Department’s request to require the state to set aside more than 20,000 ballots. An appeals court subsequently rejected the administration’s request to segregate those ballots as well.
The order also puts limits on federal investigations involving election materials.
Thompson directed the Justice Department to notify the court about pending search warrant applications, grand jury subpoenas and other demands for access to election materials connected to the administration’s allegations of voter ineligibility.
The temporary restraining order remains in effect through November 16. Thompson scheduled another hearing for November 13, when the court will consider the ongoing legal dispute.
The Justice Department and other defendants indicated they intend to seek relief or appeal the decision. The department had not immediately responded to requests for comment following the ruling, according to CBS News and The Washington Post.
With millions of Americans already participating in early voting, the case places federal election oversight and the authority of state and local election administrators under renewed scrutiny just days before voters head to the polls on November 3.
