Biden-Appointed Judge Bars DOJ From Threatening Prosecution of Election Officials Over Noncitizen Ballot Demands

U.S. District Judge Trina Thompson of the Northern District of California issued a temporary restraining order Friday evening barring the Department of Justice and the Department of Homeland Security from threatening state and local election officials with criminal prosecution over their handling of ballots linked to people the administration has identified as likely noncitizens. The order also prohibits demands that election workers remove voters from rolls, refuse to issue ballots, or sequester ballots solely on the basis of those lists.

Thompson, a Biden appointee, wrote that the public has a “paramount interest” in election officials being able to carry out their work free from threat days before the November 3 midterms. “One of the hallmarks of a fair election is the freedom to exercise the right to vote free from threat, fear, or intimidation,” she stated. She found that the administration’s actions were likely to interfere with election administration and disenfranchise lawful voters, even while the government claimed the steps were aimed at stopping noncitizen voting.

The suit was brought by labor unions representing election workers and civil-rights groups. Thompson ordered the administration to notify any state or local officials who received prior warnings that the demands and threats of prosecution have been enjoined. She also required the government to inform the court of any related search warrants, grand-jury subpoenas, or other demands for election materials. The temporary order expires November 16.

The ruling is a new development in the administration’s ongoing efforts to verify citizenship on voter rolls. Earlier this week, Judge David Carter (a Clinton appointee) denied a DOJ request to sequester roughly 20,000 California mail ballots linked to suspected noncitizens; the department appealed that decision. Prosecutors had also asked Washington state to set aside ballots from more than 400 individuals flagged as noncitizens. Thompson’s order is broader, applying to threats and demands nationwide while it remains in effect.

First Assistant U.S. Attorney Bill Essayli and other DOJ officials have stated that the California request was limited to sequestration pending citizenship checks, not cancellation of ballots. Noncitizen voting in federal elections is a crime under 18 U.S.C. § 611. The administration has charged dozens of noncitizens in recent weeks for illegal voting or registration.