Judge Bars DOJ From Threatening California Election Officials

A federal judge in San Francisco late Friday ordered the Justice Department and related federal officials to stop threatening California election workers who decline to set aside ballots the administration says belong to noncitizens, CBS News and NBC News reported. U.S. District Judge Trina Thompson issued the eight-page temporary restraining order four days before Election Day.

The order bars any action that may “threaten, intimidate or coerce” state or local election officials or workers into halting the processing of a registered voter’s ballot solely because the administration alleges the voter is ineligible, NBC reported. CBS reported that it also bars threats of criminal prosecution against officials who refuse, and requires the department to tell the court about any pending search-warrant applications or subpoenas. The order runs through Nov. 16, and CBS reported that a hearing is set for Nov. 13.

Thompson wrote that senior Justice Department and Homeland Security officials had run a campaign to intimidate and coerce those administering the midterms, and that the administration’s stated goal of stopping unlawful noncitizen voting was likely to interfere with election administration and disenfranchise lawful voters, according to NBC. CBS reported that she found federal officials likely violated the Voting Rights Act of 1965’s ban on attempting to intimidate, threaten or coerce people who help others vote. CBS described the plaintiffs only as labor unions and other groups.

The case grew out of a letter campaign. NBC reported that the department wrote to election officials in 57 of California’s 58 counties last week, telling them to cooperate with its investigations or face scrutiny themselves. An Oct. 22 letter to San Bernardino County, signed by First Assistant U.S. Attorney Bilal Essayli, attached a list of 1,133 “likely aliens,” gave the county 48 hours to respond and asked it to segregate, not cancel, mail ballots whose holders’ citizenship could not be confirmed. CBS added that the department has issued grand jury subpoenas for Los Angeles County officials, a separate matter from this order.

The ruling is the latest in a string of setbacks for the department’s California effort. Both outlets reported that another federal judge on Wednesday denied its request to make the state set aside more than 20,000 ballots, and that an appeals court on Friday rejected its bid to have the ballots segregated.

The administration’s case is that federal law bars noncitizens from voting and that enforcing it is a legitimate duty; NBC quoted Essayli’s letter warning that the legal consequences of facilitating or ignoring federal crimes are significant. The reports cited here do not include the department’s legal response to Thompson’s order, and CBS said it had asked the department for comment.