A judge appointed by Biden ruled late Friday that the Trump administration exceeded its authority by threatening to sue state and county officials who failed to comply with election integrity efforts.
U.S. District Judge Trina Thompson barred the Justice Department and the Department of Homeland Security from pressuring local election officials to purge registered voters, withhold ballots or withhold midterm ballots simply because they appear on federal lists of suspected noncitizen voters.
The Trump administration has argued that its efforts are motivated by preventing non-citizens from voting illegally. But Thompson found that the administration likely violated the Voting Rights Act of 1965, which prohibits “attempting to intimidate, threaten, or coerce” anyone who assists another person to vote.
“One of the hallmarks of a fair election is the free exercise of the right to vote, free from threat, fear or intimidation,” Thompson wrote. “The free exercise of the right to vote is a core principle of our democracy. It needs to be safeguarded to ensure full participation and public trust in our elections.”
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The ruling, which came in response to a lawsuit filed by election unions and civil rights groups, comes days before Tuesday’s midterm elections to determine control of Congress.
The lawsuit cites letters sent in July to all 50 states and Washington, D.C., warning local election officials could face criminal prosecution for knowingly allowing non-citizens to vote.
In California, the dispute involves about 20,000 registered voters whose citizenship has been questioned by the Trump administration. The Justice Department attempted to separate their ballots and then warned county elections offices that workers who handled the voters’ ballots they marked could be subject to criminal charges.
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 required by state and federal election laws.
Federal officials must tell recipients of previous letters that courts have blocked the requests and threats of prosecution, the San Francisco Chronicle reported. They must also report to the court any related search warrant requests, grand jury subpoenas or requests for election materials.
Friday’s ruling follows a separate decision Wednesday in which another federal judge rejected a Justice Department bid to force California to set aside ballots. A federal appeals court rejected the government’s appeal on Friday.
Thompson’s order is in effect until Nov. 16.