A federal judge in Washington, D.C., on Monday temporarily barred the Trump administration from pressuring states to segregate ballots from voters suspected of being noncitizens, while a separate appeals court ruling allowed the government to threaten prosecution for noncompliance in another case. The conflicting decisions came as the administration escalated efforts to identify and challenge ballots it alleges may belong to noncitizens ahead of the November 3 midterm elections.
Judge blocks DOJ from sending voter lists to states
US District Judge Tanya Chutkan issued a temporary restraining order preventing the Justice Department and Department of Homeland Security from sending states lists of registered voters the administration claims may not be citizens. The order also prohibits federal officials from asking state election officials to separate those voters' ballots or refrain from counting them until citizenship is verified. The ruling applies nationwide and marks the latest legal setback for the administration’s attempts to assert federal oversight over election administration.
Appeals court allows threats of prosecution in separate case
In a separate decision, a panel of the 9th US Circuit Court of Appeals in San Francisco ruled that the government may threaten state and local election officials with prosecution if they do not comply with demands related to alleged noncitizen voting. Judge Chutkan’s order is not bound by the appeals court ruling, meaning the administration remains blocked from implementing its policy in the jurisdictions covered by her decision.
Washington state targeted for 405 ballots
The Department of Justice sought to block Washington state election officials from counting 405 ballots it alleges may belong to noncitizens, acknowledging in its own letter that some of those voters "may have subsequently naturalized." The DOJ’s request was challenged in court by three civic and labor groups, who argued the administration lacks the legal authority to dictate which ballots states must count. The lawsuit also contended that the DOJ’s actions intimidate election workers and naturalized voters.
California case dismissed by Supreme Court
In California, the administration sought to have ballots from more than 20,000 voters it identified as likely noncitizens segregated ahead of the midterms. The Supreme Court rejected the administration’s request on Monday evening, delivering another legal defeat to its efforts. The state’s elections office had previously stated that the federal system used by the DOJ frequently flags legitimate U.S. citizens as potential noncitizens.
Background: Noncitizen voting claims and legal authority
Noncitizen voting is illegal in the United States and widely considered exceedingly rare by election integrity experts. The Trump administration has repeatedly asserted that states facilitate noncitizen voting, despite no evidence supporting widespread fraud. States are constitutionally responsible for administering elections, while federal prosecutors investigate and charge violations of federal election laws.
The administration’s recent actions represent an aggressive push to influence election procedures in the final weeks before the midterms, including sending letters to officials in multiple states demanding they withhold ballots from voters flagged by federal databases. Legal experts note that courts have consistently rejected the administration’s attempts to override state election authority, with every case decided so far resulting in rulings against the government.
Election officials and advocacy groups respond
Washington state election officials have stated that the federal system used by the DOJ to identify potential noncitizens frequently produces inaccurate results, including flagging naturalized citizens. Advocacy groups argue that the administration’s tactics risk disenfranchising eligible voters and create unnecessary confusion in the final stages of the election process. The DOJ has not provided data on how many of the flagged voters are confirmed noncitizens versus citizens who were misidentified.
Implications for the midterms
The conflicting court rulings highlight the legal and procedural challenges facing the administration’s efforts to challenge ballots ahead of the midterms. While the DOJ retains the ability to investigate and prosecute alleged noncitizen voting after elections, its attempts to preemptively segregate ballots have been blocked in multiple jurisdictions. The administration has framed its actions as efforts to prevent fraud, while critics argue they represent an overreach that undermines confidence in the electoral process.