A Judge Blocked Justice Department Threats Against Election Officials Over Noncitizen Voting
The ruling comes amid what legal experts call an unprecedented push that includes a bid to block Alaska from certifying a Senate race.
Reuters World News · Judge blocks DOJ threats, Italy strike, Burnham 'open to slave trade apology'On Saturday, Judge Trina Thompson in San Francisco issued a temporary order barring the Trump administration from warning local election administrators that they could face criminal charges unless they acted on its claims about voting by noncitizens.
The order matters days before Tuesday's votes, with a record 48 million early ballots already cast, because it stops those threats while separate court fights over about 20,000 disputed mail ballots and over certification of a Senate result are still pending.
Thompson issued a restraining order, a temporary court directive, that bars the Justice Department from demanding that officials remove voters from the rolls or deny them a ballot. The department had warned California election officials that they could face criminal charges if they tallied more than 20,000 mailed votes that federal officials contend came from people who are not United States citizens. It also wants a court to set aside those ballots, and it has sent subpoenas to election officials seeking information about potential noncitizen voting.
Separately, the department has gone to court seeking to prevent Alaska from making its Senate outcome official should Senator Dan Sullivan, the Republican incumbent, fall short, arguing that the ballot listed a second hopeful who shares his name. Andrew Goudsward, a legal reporter covering the department, said former department officials and legal experts call the moves basically unprecedented in decades of department history.
Goudsward said experts worry the public focus on noncitizen voting could be a prelude to challenging the results as unfair or marred by fraud. The next tests are how courts rule on the California ballots and the Alaska certification fight.
Questions people ask
What does it mean to certify an election?
Certification is the formal step when state or local officials confirm vote totals and declare them final. Once a race is certified, the winner can take office, and the results can generally only be challenged through a recount or court case.
How common is voting by noncitizens?
Voting in federal elections as a noncitizen is illegal, and studies and state audits have repeatedly found it to be extremely rare. It is distinct from broader disputes over voter rolls, mail ballots, and eligibility checks, which are the focus of the California case.
What happens next in these cases?
A court must decide whether California officials can count the disputed 20,000 mail ballots and whether Alaska can certify its Senate race. The restraining order against threats to election officials is temporary, so a judge will also have to decide whether to extend it or issue a longer term order.