Judge Halts DOJ Effort to Force California to Set Aside 20,000 Ballots

A federal judge in California ordered the Justice Department to stop demanding that state and local election officials separate mail ballots from roughly 20,000 alleged noncitizens. The ruling also bars the agency from threatening criminal prosecution against election workers who fail to comply with these demands.

U.S. District Judge Trina Thompson issued the order late Friday. It responds to a lawsuit filed one day earlier by labor unions and other groups. Those groups accused the Trump administration of interfering in the administration of the upcoming midterms and intimidating election staff across the state.

The Justice Department has given officials in Los Angeles County and other jurisdictions a deadline to segregate the specific mail ballots this month. Federal officials have suggested for months that local workers face criminal charges if they allow alleged noncitizens to vote. The lawsuit cited specific actions, including a July threat from Harmeet Dhillon, head of the DOJ Civil Rights Division, to prosecute local officials. The complaint also pointed to the department's distribution of voter name lists as examples of unlawful conduct.

Thompson found that federal officials likely violated the Voting Rights Act of 1965. The law prohibits attempting to intimidate, threaten, or coerce people who help others vote. She wrote that the government was acting outside its legal or constitutional authority. “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 in the ruling.

The judge noted that while the defendants claim their actions halt unlawful voting, the measures are likely to interfere with election administration and disenfranchise lawful voters. The temporary restraining order expires on Nov. 16. Thompson scheduled the next hearing for Nov. 13. The order also requires the Justice Department to inform the court of any pending search warrant applications or subpoenas related to election officials.

The ruling follows a separate decision issued Wednesday by a different judge. That judge denied the Justice Department’s request to compel California to set aside the 20,000 ballots. He found the demand violated constitutional principles giving states authority over their own elections. The Trump administration appealed that decision, and an appellate court ordered the ballots segregated on Friday.