A federal judge in California has told the US government to end its threats of criminal prosecution against local and state election officials over their part in handling ballots. The judge ruled that the Department of Justice (DoJ) must stop demanding that these officials set aside or refuse to process certain ballots, which the Trump administration says may have been cast by non-citizens.
The ruling came days before the midterm elections, which will determine which party controls the US Congress for the final two years of Donald Trump’s presidency.
Letters and armed visits to California county offices
Earlier this month, according to court documents, the justice department wrote to California’s secretary of state and the Los Angeles County Registrar. The letters asked them to set aside the ballots of 20,000 registered voters whom the administration said it “believe” are “likely” non-citizens.
Also read: US judge blocks Trump administration bid on California ballots
About a week later, armed officials from the Department of Homeland Security delivered letters to county officials and staff across California. The letters warned of criminal charges if they did not sequester those ballots.
The groups involved said they could not comply, because they must follow election procedures required by state and federal law. A judge also rejected the demand, writing that it would “wreak havoc” on the election. Around the same time, the justice department reportedly opened a criminal investigation into county election officials and issued federal grand jury subpoenas.
Civil rights groups challenge the justice department’s actions
Civil rights groups and unions representing election workers filed a legal complaint. They accused the justice department of interfering with their duty to administer the election. Judge Trina Thompson ordered the administration to halt its actions.
Thompson wrote: “Although Defendants claim that their actions are designed to halt unlawful voting by noncitizens, their actions are likely to have the effect of interfering with election administration and disenfranchising lawful voters.”
According to Thompson’s order, the administration sent a similar letter about alleged non-citizen voters to Washington state. It demanded that the secretary of state there stop processing the ballots.
Trump’s fraud claims and his response to the ruling
The moves are part of a campaign spanning several years by Trump and his administration to fight alleged voter fraud, which they believe is widespread. Studies, however, suggest that actual cases are extremely rare.
Ahead of the midterms on 3 November, the president has cast doubt on the security of the vote, alleging “rampant” cheating in postal voting and voting by non-citizens. He has also offered a $1m (£750,000) reward to people who report cases of voter fraud in the US that lead to a conviction.
A review of the Heritage Foundation’s database found 24 cases of non-citizens being convicted for voting between 2005 and 2025, according to the findings cited in the report.
On Saturday, Trump criticised the ruling, writing: “Why would they reject fixing Election Fraud?” He also criticised recent rulings against his administration over alleged election fraud and vowed to keep fighting for “Election Integrity”.
