A Biden-appointed judge late Friday ruled that the Trump administration exceeded its authority by threatening to prosecute state and county officials who do not comply with its election integrity efforts.
U.S. District Judge Trina Thompson barred the Justice Department and Department of Homeland Security from pressing local election officials to purge registered voters, withhold their ballots, or set their midterm ballots aside solely because they appear on a federal list of suspected noncitizen voters.
The Trump administration has argued its efforts are motivated by stopping illegal voting by noncitizens. But Thompson found that the administration likely violated the Voting Rights Act of 1965, which prohibits “attempting to intimidate, threaten or coerce” anyone for assisting another person in voting.
“One of the hallmarks of a fair election is the freedom to exercise the right to vote free from threat, fear, or intimidation,” Thompson wrote. “Free exercise of the right to vote is a core tenet of our democracy. It requires safeguarding to ensure full participation and public trust in our elections.”
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The ruling, issued in response to a lawsuit brought by election workers’ unions and civil rights groups, comes just days before Tuesday’s midterm elections to determine control of Congress.
The lawsuit cited letters sent in July to all 50 states and Washington, D.C., warning that local election officials could face criminal prosecution for knowingly allowing noncitizens to vote.
In California, the dispute involved about 20,000 registered voters whose citizenship the Trump administration questioned. DOJ sought to have their ballots kept separate, then warned county election offices of possible criminal charges for workers who handled ballots from voters it had flagged.
Under the order, federal officials cannot threaten criminal charges to force election workers to comply with the Trump administration’s demands. Workers also cannot be threatened with prosecution for handling ballots as state and federal election laws require.
According to the San Francisco Chronicle, federal officials must tell recipients of the earlier letters that the court has blocked those demands and threats of prosecution. They must also report to the court any related warrant applications, grand jury subpoenas, or demands for election materials.
Friday’s ruling followed a separate decision Wednesday in which another federal judge rejected the Justice Department’s bid to force California to set aside the ballots. A federal appeals court denied the administration’s appeal Friday.
Thompson’s order remains in effect through Nov. 16.
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