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Sat, Oct 31, 2026

Judge Blocks DOJ Election Demands Days Before Midterms

Judge Blocks DOJ Election Demands Days Before Midterms

A federal judge has temporarily blocked President Trump's Justice Department and Department of Homeland Security from making specified demands to election officials just days before the midterm elections.

United States District Judge Trina Thompson issued the temporary restraining order Friday, October 30, in the Northern District of California. It blocks certain demands to remove registered voters or set aside their ballots based solely on federal allegations that they are ineligible.

The agencies must also tell officials who received the earlier demands that those demands and prosecution threats have been blocked. Here is the initial rundown of the ruling:

The order also requires the administration to contact state and local governments that received the specified letters. It must tell them that the demands and prosecution threats reflected in those letters have been enjoined.

The United States District Court order lays out the limits in detail. It directs the agencies to notify state, county and local recipients that the earlier demands and threats described in the order are now enjoined.

DOJ and DHS cannot use the disputed eligibility allegations alone to demand that state or local officials remove specified registered voters, deny them ballots, segregate their ballots or exclude those ballots from the count.

The order also bars threats of prosecution for refusing those demands or for processing and counting ballots in accordance with state and federal election law.

The restrictions apply to the specified conduct while the temporary order remains in force, covering the November 3 election and the days immediately afterward.

Thompson additionally requires DOJ to disclose to the court pending search-warrant applications, grand jury subpoenas and other demands for election materials tied to the disputed voter lists or testimony described in the order.

That disclosure requirement gives the court a way to see what other steps are already in motion. This part of the order deserves a closer look:

The lawsuit was brought by SEIU, AFSCME, LULAC and the NAACP against federal officials, including Attorney General Todd Blanche and Homeland Security Secretary Markwayne Mullin.

The court's background section recounts allegations involving roughly 20,000 California voters whom federal officials had flagged as likely noncitizens. It also describes disputed demands sent to California counties and Washington state.

Those allegations do not establish the citizenship of every person on a list. And this temporary order does not settle every claim in the lawsuit.

Thompson concluded that the plaintiffs were likely to prevail on their Voting Rights Act claim and that the challenged federal conduct exceeded the administration's authority under the Elections Clause. Her analysis said it was unnecessary to examine the Fifth Amendment and Administrative Procedure Act claims at this emergency stage, although the conclusion also listed those grounds.

These are preliminary findings, not a final judgment after a full hearing.

Here is the procedural catch: the judge issued the order without first hearing the government's opposition, citing the approaching election and the risk of immediate harm.

The administration now faces a response deadline of November 2, the day before Election Day. The next dates are already on the calendar:

A preliminary-injunction hearing is scheduled for November 13. The temporary order is set to expire at 5 p.m. on November 16 unless the court takes further action.

Americans deserve an election in which eligible citizens can vote and ineligible ballots do not count. Getting there requires accurate evidence and lawful procedures, especially when officials are handling ballots with an election just days away.

For the administration, the immediate task is concrete: notify the affected election officials, disclose the specified pending demands to the court and respond to the preliminary-injunction request by noon Monday, November 2.


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