Judge sets Election Day deadline for Trump administration’s voter list demands
Federal court orders the Justice Department to reveal which states received threat letters by Friday, with a ruling expected Sunday on the Democratic lawsuit.
By Luka Evans ·
Chief Judge James Boasberg of the U.S. District Court for the District of Columbia set a tight timeline for the Trump administration to answer questions about its campaign to prevent noncitizens from voting in the midterm election. The judge ordered the government to submit a list of all states that received letters from the Justice Department by Friday, Oct. 30. He indicated he intends to issue a ruling on the case by Monday, Oct. 31, the day before voters head to the polls.
The legal dispute centers on whether the federal government can pressure state election officials without a court order. Democratic leaders, including Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries, filed the suit on Oct. 20. They seek to stop the administration from removing registered voters from state lists or blocking states from issuing and counting ballots. The plaintiffs argue the federal actions constitute an illegal interference in state election procedures.
The administration has focused its efforts on California and Washington. In those states, the Justice Department sent letters threatening criminal prosecution if officials knowingly retained noncitizens on their statewide voter registration lists. During a hearing this week, the judge asked if other states had received similar correspondence. The government has not yet confirmed the full list of recipients, which is why Boasberg ordered the document disclosure before the weekend.
The stakes are high given the administration's stance on mail-in ballots. The Justice Department recently sued to block California from counting mail ballots cast by individuals the federal government identified as likely noncitizens. A separate federal judge sided with California on Wednesday, a decision the Justice Department immediately appealed. Administration attorneys argue the government has found evidence that noncitizens may illegally cast votes, though they acknowledge state and federal investigations show such occurrences are extremely rare.
Boasberg expressed doubt during the hearing about whether the Democratic plaintiffs have established legal standing to bring the case. He noted that the letters sent to states do not legally require officials to take any action unless a court compels them. Christian Dibblee, an attorney for the Justice Department, told the court that the letters simply notify officials of a potential violation of federal law. He stated that compliance is the states' own choice.
The judge, nominated by President Barack Obama, has faced criticism from the White House for previous rulings against the Trump administration. He suggested the administration could end the legal process at any time by filing a notice that it will not engage in the challenged conduct. Plaintiffs' attorney Uzoma Nkwonta urged the court to halt what he called an unprecedented campaign to interfere with state duties. Boasberg responded that while the concerns are legitimate, the question of standing remains the primary hurdle.
The lawsuit names President Donald Trump, Attorney General Todd Blanche, and Secretary of Homeland Security Markwayne Mullin as defendants, along with their respective departments. The Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee, and the Democratic Governors Association joined the party leaders as plaintiffs in the case.
