US judge blocks Justice Department from threatening election officials

A United States federal judge has temporarily blocked the Justice Department and other federal agencies from threatening or coercing state and local election officials over the processing of ballots, days before the country’s midterm elections.

US District Judge Trina Thompson issued the temporary restraining order on Friday following a lawsuit filed by civil rights groups and labour unions, including organisations representing election workers.

The ruling bars federal officials from threatening election workers with criminal prosecution for processing or counting ballots in accordance with state and federal law, even where the Trump administration alleges that a voter may be ineligible to vote.

The order also prevents the Justice Department and Department of Homeland Security from demanding that election officials halt the processing of ballots solely because the federal government alleges that the ballots were cast by ineligible voters.

The dispute is linked to the Trump administration’s efforts to challenge ballots associated with voters it says may not be US citizens.

In California, the Justice Department had sought to have election officials separate ballots linked to about 20,000 registered voters whom federal authorities alleged could be non-citizens.

However, election officials and voting rights advocates questioned the reliability of the federal government’s information, warning that eligible citizens could be affected.

A federal appeals court also rejected an emergency request by the Justice Department to require California to segregate the disputed ballots, saying the federal government had not met the legal standard for such intervention.

In her ruling, Thompson said state and local officials do not violate federal criminal law when they distribute, process or count ballots in accordance with applicable laws, even if the federal government alleges that a particular voter is ineligible.

The judge’s order further prevents federal agencies from demanding that election officials remove specific voters from registration rolls, refuse to issue ballots to particular voters or set aside ballots based solely on federal allegations about a voter’s eligibility.

The temporary restraining order is scheduled to remain in effect until November 16.

The Justice Department was also directed to disclose to the court any pending search warrant applications, grand jury subpoenas or other demands related to election materials or ballots connected with the disputed voter lists.

The ruling represents a significant legal development in the dispute over the federal government’s role in election administration as the November 3 midterm elections approach.

The Justice Department did not immediately comment on the ruling, according to reports published after the decision.