SAN FRANCISCO, CALIFORNIA — A federal judge barred the Justice Department and Department of Homeland Security from threatening or coercing election workers over the processing of ballots, delivering another legal setback to the Trump administration’s effort to intervene in California’s midterm election.
U.S. District Judge Trina Thompson issued a temporary restraining order Friday prohibiting federal officials from threatening criminal prosecution or pressuring state and local election officials to reject, withhold or segregate ballots based on the administration’s allegations that certain voters may be ineligible. The order remains in effect through Nov. 16, with another hearing scheduled for Nov. 13.
The ruling came after federal prosecutors warned California election officials about potential legal consequences for processing ballots belonging to noncitizens. Thompson found the government’s actions likely violated the Voting Rights Act’s prohibition against intimidating, threatening or coercing people assisting voters. She also concluded the government was likely acting beyond its constitutional or statutory authority.
Separately, the 9th U.S. Circuit Court of Appeals rejected the Justice Department’s request to force California to segregate ballots connected to roughly 20,000 people the administration says may not be citizens. California officials dispute the reliability of that list and warn it likely contains eligible U.S. citizens.
The 2-1 appeals court majority said there was no feasible way to identify and separate the targeted ballots without risking severe disruption to California’s election system and potentially disenfranchising lawful voters. One of the two judges in the majority, Mark Bennett, was appointed by Trump.
The Justice Department maintains that federal law prohibits noncitizen voting and says its actions are intended to protect legitimate ballots.
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