A federal judge late Friday blocked the Trump administration from threatening state and county election officials with criminal prosecution over voter list compliance, finding that the administration likely violated federal civil rights law just days before the midterm elections.
U.S. District Judge Trina Thompson, an appointee of President Biden, issued a preliminary injunction barring the Justice Department and the Department of Homeland Security from pressing local election authorities to purge registered voters, withhold ballots, or set votes aside merely because individuals appear on a federal list of suspected noncitizen voters. The administration has maintained that its actions are aimed at preventing noncitizen voting.
In her ruling, Thompson concluded that the administration likely breached the Voting Rights Act of 1965, which explicitly forbids attempts to intimidate, threaten, or coerce individuals assisting voters. “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.”
The lawsuit leading to the order was filed by election workers’ unions and civil rights groups. It challenged letters dispatched in July to all 50 states and Washington, D.C., which warned that local authorities could face criminal charges for knowingly allowing noncitizens to cast ballots. The conflict centered on roughly 20,000 registered voters in California whose citizenship had been questioned by federal authorities. The Justice Department sought to have their ballots segregated and warned county election workers of potential criminal liability if they processed ballots from flagged individuals.
Under Thompson’s order, federal officials are prohibited from using threats of criminal charges to compel compliance with administration demands. Election workers are likewise protected from prosecution for handling ballots in accordance with established state and federal laws. Additionally, federal officials must notify recipients of the earlier warning letters that the court has blocked those demands and prosecution threats. They are also required to report any related warrant applications, grand jury subpoenas, or demands for election materials directly to the court.
Friday’s injunction followed a separate decision on Wednesday in which another federal judge rejected a Justice Department bid to force California to segregate the disputed ballots. A federal appeals court subsequently denied an administration appeal on Friday. Thompson’s order is set to remain in effect through Nov. 16.
