Judge blocks DOJ from threatening election workers before midterms
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A federal judge Friday blocked the Trump administration from threatening election workers with criminal prosecution for counting ballots cast by registered voters the administration claims are ineligible.
Why it matters: The emergency order, issued four days before the midterms, prohibits federal pressure to sideline ballots based solely on allegations of ineligibility and forces the Justice Department to walk back threats it already sent to election officials.
The big picture: The ruling adds to a series of courtroom losses for the administration, as federal officials intensify election-related investigations and challenges across the country.
- Judges are warning that federal threats and investigations are driving citizens out of elections and putting lawful votes at risk.
Driving the news: U.S. District Judge Trina Thompson found that the Justice and Homeland Security departments likely violated the Voting Rights Act's prohibition on voter intimidation and exceeded their constitutional authority over elections.
- Her temporary restraining order prohibits demands that states remove registered voters, withhold their ballots or stop counting votes solely because the administration claims the voters are ineligible.
- It also bars threats of criminal prosecution against election workers who refuse those demands or process ballots in accordance with election laws.
- The judge ordered prosecutors to disclose pending search warrant applications, grand jury subpoenas and other demands related to its lists of allegedly ineligible voters.
What she's saying: Thompson found the administration's actions forced election workers to choose between complying with "Defendants' unlawful demands" or risk criminal prosecution for performing their jobs.
- "In the lead-up to the election," she wrote, "high-ranking DOJ and DHS officials have engaged in a campaign to intimidate, threaten, and coerce state and local officials and employees who are engaged in administering the ongoing midterm 2026 election."
Zoom out: The ruling comes amid a sweeping federal campaign to obtain voter records, investigate suspected noncitizen voting and threaten state officials over election administration.
- Since May 2025, the DOJ has filed 31 lawsuits seeking sensitive voter records. So far, 27 have been dismissed.
- In July, the DOJ warned election officials in all 50 states they could face criminal charges for knowingly allowing noncitizens to vote.
- On Thursday, it sent another round of letters nationwide, warning of criminal penalties for violating election-record preservation requirements.
The other side: DOJ has defended its election-related actions as necessary to enforce federal prohibitions on noncitizen voting.
- The department did not immediately respond to Axios' request for comment, but a spokesperson previously told Axios the government would not wait for a "more convenient time" to enforce election laws.
Reality check: Noncitizen voting in federal elections is already illegal.
- Research finds it is rare.
Zoom in: In the final days of the election, the administration has stepped up its legal fights across the country.
- California: The DOJ sued to set aside ballots from more than 20,000 voters it suspects are noncitizens, threatened election workers and issued grand jury subpoenas. An appeals court rejected its emergency request Friday, warning of "potentially catastrophic effects on the entire system."
- Washington: Federal prosecutors demanded officials segregate ballots from more than 400 voters. Secretary of State Steve Hobbs said the federal list included U.S. citizens and was unreliable.
- Arizona: Prosecutors announced Friday evening an investigation into three Democratic-aligned registration groups after a right-wing outlet published an undercover video. The DOJ also requested the state's and Maricopa County's top election officials review registrations.
- Alaska: The DOJ sued to delay certification if Republican Sen. Dan Sullivan loses reelection and if votes for a similarly named candidate could have changed the outcome. Prosecutors confirmed a criminal investigation Friday into an alleged Democratic effort to recruit the other Sullivan.
In a separate ruling Friday, the 9th U.S. Circuit Court of Appeals left in place restrictions on DHS election-related field operations involving known or suspected U.S. citizens in nine states through Election Day.
- The underlying order, by Judge Araceli Martínez-Olguín, found that federal threats had already caused citizens to "withdraw from participating in electoral activity."
- The appeals court also questioned the timing: "In an operation ostensibly focused on past voter fraud, the government could have aggressively pursued its campaign against non-citizen voting well before these elections commenced."
