“Federal judge bars DoJ from threatening election workers to stop processing ballots”
What actually happened
A US district judge in California issued a temporary restraining order stopping the Department of Justice from threatening or coercing election workers over ballot processing, and separately barring it from forcing officials to segregate or discount ballots the federal government suspects were cast by noncitizens. The order followed DoJ letters sent to election officials in all 50 states threatening prosecution for failing to preserve ballot records, and came alongside a Ninth Circuit ruling rejecting a related DoJ bid to set aside roughly 20,000 disputed California ballots.
Key facts
- The temporary restraining order, issued by US district judge Trina Thompson in the northern district of California late Friday, also bars the justice department from demanding local election officials segregate or not count ballots that the federal government deems may have been illegally cast by immigrants.
- The order came the day after the justice department sent letters to election officials in all 50 states threatening to prosecute and jail any who failed to preserve ballot records.
- The justice department's "intimidation, threats, and attempts at coercion force election workers daily to choose between acceding to defendants' unlawful demands or adhering to their duties and thereby subjecting themselves to a serious risk of criminal investigation and prosecution," Thompson wrote.
- A federal appeals court rejected the justice department's request for California to set aside disputed ballots after it alleged the state sent ballots to about 20,000 people who may not be US citizens, wanting them set aside until citizenship could be verified.
- The ninth circuit panel ruled 2-1 that "there is no feasible way to identify and segregate the ballots of specific individuals without potentially catastrophic effects on the entire system."
- Millions of people have already voted in California, and hundreds of thousands of ballots have already been processed, which elections officials say can't be matched back to the voters who submitted them.
What to watch for
Watch whether the TRO converts into a preliminary injunction once the full hearing happens, and whether the DoJ appeals either ruling. Also watch whether US Attorney Bill Essayli's warning that processing a noncitizen's ballot creates "legal jeopardy" for officials gets tested now that both courts have blocked the underlying demand.
