A federal judge in California temporarily barred the Trump administration from threatening election workers with criminal prosecution over their handling of ballots on Friday, delivering a significant legal setback to the Justice Department days before the midterm elections.
U.S. District Judge Trina Thompson issued the temporary restraining order against the Justice Department, the Department of Homeland Security, Attorney General Todd Blanche and Homeland Security Secretary Markwayne Mullin, finding that their actions likely violated federal voting rights law and constitutional limits on federal authority.
“Defendants likely violated Section 11(b) of the Voting Rights Act because the record shows that Defendants intimidated, threatened, or coerced election workers,” Thompson wrote, adding that they also exceeded their constitutional authority “because the Constitution reserves to the States the ‘authority to provide a complete code for congressional elections.’”
The ruling prohibits federal officials from demanding that state and local election workers remove registered voters from voter rolls, refuse to issue ballots or segregate or reject ballots solely because the administration alleges that those voters are ineligible.
It also bars federal officials from threatening election workers with criminal prosecution if they refuse those demands or process ballots in accordance with state and federal law.
Thompson issued the order without first hearing from the administration, an unusual step known as an ex parte ruling, after determining that delaying action could cause immediate and irreparable harm.
“One of the hallmarks of a fair election is the freedom to exercise the right to vote free from threat, fear, or intimidation,” Thompson wrote.
The lawsuit was brought by the Service Employees International Union, the American Federation of State, County and Municipal Employees, the League of United Latin American Citizens and the NAACP.
The groups accused federal officials of intimidating election workers through demands to halt the processing of ballots belonging to voters the administration suspects are noncitizens.
Federal officials had demanded that California segregate ballots from about 20,000 registered voters and threatened election workers with prosecution for counting ballots cast by allegedly ineligible voters.
The order also requires federal officials to notify state and local governments that received threatening letters that the demands and threats of prosecution have been blocked. Thompson also directed the Justice Department to disclose “any pending search warrant applications, grand jury subpoenas, or other demands” seeking election materials or testimony related to allegedly ineligible voters.
The ruling remains in effect until Nov. 16. Thompson scheduled a preliminary injunction hearing for Nov. 13 and ordered the administration to respond by noon Monday.
The Justice Department could appeal the decision and seek an emergency stay as Election Day approaches.
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