legal
Federal Judge Bars Justice Department From Threatening Election Officials as Appeals Court Again Rejects California Ballot Set-Aside
Late Friday, U.S. District Judge Trina Thompson in California issued a temporary restraining order, reportedly running through Nov. 16, in a suit brought by unions representing California election workers. The order bars the Justice Department from threatening or coercing election officials with criminal prosecution over ballots it deems disputed. It also bars the department from demanding that officials separate or stop counting those ballots. MSNBC reports the judge found the department's actions likely violated federal voting rights law. A split 9th Circuit panel ruled 2-1 against the administration's request to set aside about 20,000 California ballots it says may belong to noncitizens until citizenship can be verified. According to The Hill, the majority did not dispute a lower court's finding that the list isn't credible. The Justice Department has issued three subpoenas to employees of the Los Angeles County Registrar-Recorder, ordering them to appear in court on Nov. 4.
Oct 28Judge David Carter declines to order California to set aside about 20,000 ballots.
Oct 30A 9th Circuit panel rules 2-1 against the administration's set-aside request; DOJ subpoenas for LA County registrar staff are reported.
Oct 30Judge Trina Thompson issues a temporary restraining order late in the day.
Nov 4Subpoenaed LA County employees are ordered to appear in court.
Nov 16Restraining order is set to run through this date.
Why It Matters
Election workers in California counties are currently shielded from federal threats of prosecution while they process ballots ahead of the midterms. The 20,000 ballots at issue are, for now, to be handled under normal state procedures rather than set aside. The courts have now rejected the administration's noncitizen-ballot claims in more than one venue, though the legal fights over voter rolls and subpoenas continue.
What's Next
Confidencemoderate
Agreementmixed