A federal judge has barred the Justice Department (DOJ) from pressing California election officials to separate out certain ballots or stop counting them. The order was issued late on a Friday. It follows a DOJ lawsuit filed Oct. 15 in the Central District of California, which seeks to stop California from counting ballots tied to about 20,000 people the government says may not be U.S. citizens, according to reporting by Source NM and the Missouri Independent.
What the order bars
The order bars the Justice Department from demanding that election officials separate out certain ballots or stop counting them. It also bars DOJ from threatening or coercing election workers to stop processing ballots. The Guardian summarizes the order as saying officials cannot be forced to separate or stop counting ballots that the government deems to be disputed. This is the Guardian’s summary, not the order’s own language.
Who this affects
Here is who this touches most. If you run elections in California, a federal judge has barred DOJ from demanding that you separate out certain ballots or stop counting them, and from threatening or coercing you into stopping the processing of ballots. For more on how California processes mail ballots, see how California counts mail ballots.
The separate ruling on 20,000 ballots
A federal district judge denied DOJ’s request on Wednesday to make California set aside ballots tied to about 20,000 people the government says may not be U.S. citizens. On Monday, Oct. 26, a three-judge panel of the Ninth Circuit also ruled against DOJ’s emergency request. Reporting on that decision says it rested on the court’s jurisdiction rather than the merits. For background on federal court actions targeting election offices, see DOJ misconduct inquiry.
What DOJ and the plaintiffs have said
The Justice Department sued California election officials. A DOJ statement on its wider effort reads: “Federal law prohibits noncitizens from voting.” California officials say the list is highly unreliable. State officials have called DOJ’s demand “outrageous” and said the state’s safeguards against noncitizen voting are robust. For context on the midterm stakes, see early voting trends.
What happens next
Watch for the full text of the order and for further rulings in the 20,000-ballot dispute and in the DOJ lawsuit.
Questions readers ask
What did the judge order?
A federal judge barred DOJ from demanding that California election officials separate out ballots or stop counting them, and from threatening or coercing election workers to stop processing ballots.
Is there a separate ruling on the 20,000 ballots?
Yes. A federal district judge denied DOJ’s request on Wednesday. On Monday, Oct. 26, the Ninth Circuit ruled against DOJ’s emergency request.
