Washington: A federal judge has temporarily barred the Trump administration from threatening state and local election officials with criminal prosecution over their handling of ballots linked to voters suspected by the government of being non-US citizens. The ruling comes just days before the November 3 midterm elections, which will decide control of the US Congress.
US District Judge Trina Thompson issued the temporary restraining order on Friday, October 30, after labour unions and civil rights organisations challenged the administration’s actions. The judge said the Justice Department and the Department of Homeland Security (DHS) had likely violated the Voting Rights Act of 1965, which prohibits attempts to intimidate, threaten or coerce people involved in helping others exercise their right to vote.
The order prevents federal officials from threatening, intimidating or pressuring state and local election workers into stopping ballot processing solely because the administration claims certain registered voters are ineligible.
It also bars the government from demanding that election officials remove registered voters from electoral rolls, refuse to issue them ballots or separate and withhold their ballots from counting based only on those allegations.
Judge Says Election Workers Must Be Able to Perform Their Duties Without Threats
In her order, Judge Thompson stressed that voters and election officials must be able to participate in the electoral process without fear or intimidation.
She noted that ballots had already been issued and voting was underway, leaving little time before Election Day. The judge said the public had a strong interest in ensuring that election officials could carry out their responsibilities in accordance with federal law and established election procedures.
Thompson also observed that although the administration claimed its actions were aimed at preventing unlawful voting by non-citizens, they could interfere with election administration and risk disenfranchising eligible voters.
The temporary restraining order is set to remain in effect until November 16. The court has scheduled a further hearing for November 13.
The administration has also been directed to inform state and local authorities that received the disputed federal communications that the demands and threats covered by the court’s order have been blocked.
Why Did the Lawsuit Target the Trump Administration?
The lawsuit was filed by labour unions and civil rights organisations, including the Service Employees International Union (SEIU) and the NAACP.
The groups challenged federal efforts to pressure election officials over ballots associated with people the administration believes may not be US citizens.
The Justice Department had sought voter registration information from states and pushed officials to review records of people it identified as potentially ineligible voters. The department also issued warnings that election officials could face criminal prosecution if they failed to comply with federal demands.
In California, federal officials sought to have ballots linked to around 20,000 voters set aside while their citizenship status was checked. The administration argued that the move was necessary to prevent non-citizens from voting in federal elections.
California officials, however, questioned the accuracy of the federal list and resisted the demand to separate the ballots.
Appeals Court Rejects Separate Bid to Set Aside 20,000 California Ballots
In a separate development on Friday, the Ninth US Circuit Court of Appeals rejected the Trump administration’s emergency request to require California officials to set aside mail-in ballots linked to approximately 20,000 voters identified by federal authorities as potentially non-citizens.
The Justice Department had asked the appeals court to intervene while the citizenship status of the voters was verified. The court declined to grant the emergency relief, leaving the ballots outside the restrictions sought by the federal government.
The appeals court decision and Judge Thompson’s temporary restraining order are separate rulings, but both concern the administration’s efforts to influence how election officials handle ballots linked to suspected non-citizen voters.
Trump Administration Defends Election Oversight Efforts
The Trump administration has argued that its actions are intended to enforce federal laws prohibiting non-citizens from voting and to protect the integrity of elections.
However, the legal challenges have raised questions about the extent of federal authority over election administration, which is largely handled by state and local officials.
The Justice Department did not immediately comment on the latest restraining order.
The developments come as the United States prepares for its November 3 midterm elections. The polls will determine control of both the House of Representatives and the Senate, making election administration and voting procedures a major focus in the final days of the campaign.