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The temporary order restricts federal pressure on officials handling ballots from voters the government alleges are ineligible. The administration has appealed.
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A US federal judge has ordered Donald Trump’s administration to stop threatening election workers over ballots cast by registered voters whom the government alleges are ineligible. The temporary order comes ahead of the 3 November midterm elections.
Judge Trina L. Thompson issued the order on 30 October after unions and civil rights groups sued the departments of Justice and Homeland Security. She found that federal officials had likely violated the Voting Rights Act’s prohibition on intimidating people who help others vote.
The order bars the agencies from threatening or coercing state and local officials to stop processing ballots solely because the government alleges the voters are ineligible. It also bars demands, on that basis alone, to set ballots aside or leave them uncounted, and threats of prosecution against officials who refuse such demands.
Thompson said election workers were already suffering irreparable harm and that it could extend to tens of thousands of lawfully registered voters. Her ruling was preliminary, not a final judgment. It does not prohibit all investigations or subpoenas, but requires the Justice Department to inform the court about certain pending requests and subpoenas relating to election materials.
The case follows federal requests for California officials to set aside ballots associated with roughly 20,000 people the administration says may not be US citizens. California officials say the list is unreliable and likely includes citizens. In a separate case on 30 October, a federal appeals court rejected the department’s request to have those ballots segregated.
Thompson acted without first hearing the government’s response, citing the approaching election. A Justice Department spokesperson criticised that decision to CBS News, calling it a “two-track system of justice”. The government appealed Thompson’s order on 31 October.
The original order schedules a hearing on a longer-term injunction for 13 November and sets an expiry date of 16 November.
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