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Judges weigh Trump DOJ election cases days before midterms

States Newsroom, the Associated Press and Roll Call report that on Thursday a D.C. judge ordered the Justice Department to list states asked to set aside alleged noncitizen ballots, with related fights in California, Washington and the 9th Circuit.

What's new
  1. Associated Press and Roll Call are now reporting this
  2. Our desk updated its story

Federal judges on Thursday heard overlapping challenges to Justice Department and Homeland Security actions on voter lists, ballot handling and field operations ahead of next week’s U.S. midterm elections1,2,3.

In Washington, U.S. District Judge James Boasberg ordered the Justice Department to identify by noon Friday every state where, since July 1, the administration has demanded that officials set aside or refuse ballots from some voters, or else file a notice that it will not take that step before the election1,2,3.

The Associated Press reported that Boasberg said he intends to rule by Monday, the eve of Election Day, on a request by Democratic Party leaders who sued on Oct. 20, and that the government can end the dispute by stating it will not engage in the challenged conduct2. Roll Call likewise reported a Saturday briefing deadline and the same option to moot the case3.

California and Washington have said they received letters seeking to segregate ballots, with lists of about 20,000 voters in California and about 400 in Washington1,3. The department has sued California over compliance; as of Thursday it had not sued Washington1.

House Minority Leader Hakeem Jeffries, Senate Minority Leader Chuck Schumer and Democratic campaign groups asked Boasberg to bar the administration from removing legally registered voters or blocking ballots, according to the Associated Press and Roll Call2,3.

In the Central District of California, U.S. District Judge David Carter denied a Justice Department request for a temporary order requiring officials to set aside ballots of those 20,000 voters unless they prove citizenship1,3. The department filed a notice of appeal1. Carter set a Nov. 13 hearing; California counties must certify results by Dec. 31.

Los Angeles County’s elections office said Thursday it received federal grand jury subpoenas last week for election-related records1. Washington Secretary of State Steve Hobbs published a response stating that the federal list included names of U.S. citizens3.

A three-judge 9th U.S. Circuit Court of Appeals panel heard the administration’s request to lift a lower-court limit on Homeland Security election-related field operations in nine states until polls close1. The limit covers California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin1.

The Republican National Committee on Thursday sued a Black Hawk County, Iowa, election official over tabulator-security records, according to States Newsroom1. In Alaska, the Justice Department last week sued over ranked-choice certification of the U.S. Senate result and on Thursday amended the complaint1. Which other states received ballot-set-aside letters remains unknown pending Friday’s filing1,2,3.

Sources

  1. Michigan AdvanceIn a blizzard of lawsuits, Trump’s DOJ battles across the US over midterm elections
  2. Associated PressJudge asks Trump administration to explain its noncitizen voter campaign
  3. Roll CallJudge orders Justice Department to disclose noncitizen voter letters

How it’s being reported

3 sources

First reported by Associated PressAssociated Press

Where they agree

  • Boasberg ordered disclosure of states asked since July 1 to set aside ballots, or a notice that the department will not do so before the election.
  • California and Washington have publicly acknowledged federal lists; California has been sued on the demand.
  • Democratic congressional leaders are among the D.C. plaintiffs.

Where they differ

How far the Thursday docket extends beyond the D.C. letter case

Side by side

Each outlet's article broken down by our newsroom, in our own words. To read what they wrote, use the button under each one.

In a blizzard of lawsuits, Trump’s DOJ battles across the US over midterm elections

Nationwide courtroom scrutiny of ballot set-asides, DHS field operations, California, Alaska and Iowa suits.

States Newsroom roundup by Jonathan Shorman of Thursday hearings on Justice Department and Homeland Security election actions.

Leaves out Boasberg’s stated plan to rule by Monday, the eve of Election Day.

Nationwide courtroom scrutiny of ballot set-asides, DHS field operations, California, Alaska and Iowa suits.

What it reports

  • Judge James Boasberg ordered the Justice Department by noon Friday to identify states asked since July 1 to set aside suspected noncitizen ballots, or to say it will not do so before the election.
  • California was given a list of about 20,000 voters and Washington about 400; only California has been sued over compliance.
  • A 9th Circuit panel heard the administration’s bid to lift a Homeland Security field-operations limit covering nine states through Election Day.
  • Judge David Carter denied a temporary order forcing California to segregate those ballots; the department appealed and a Nov. 13 hearing was set.
  • Los Angeles County said it received federal grand jury subpoenas last week; the department amended an Alaska Senate ranked-choice suit.

Leaves out Boasberg’s stated plan to rule by Monday, the eve of Election Day.

Roll CallRoll Call

Judge orders Justice Department to disclose noncitizen voter letters

Disclosure of letters beyond California and Washington, plus Hobbs saying the federal list included U.S. citizens.

Michael Macagnone’s account of the D.C. hearing, briefing schedule and Washington Secretary of State Steve Hobbs’s reply.

Leaves out 9th Circuit, Alaska, Los Angeles grand jury subpoenas.

Disclosure of letters beyond California and Washington, plus Hobbs saying the federal list included U.S. citizens.

What it reports

  • Boasberg set Saturday briefing and said he could rule by Monday unless the government disclaims further letters.
  • Democratic lawyer Uzoma Nkwonta argued the letters used prosecution threats to coerce states.
  • Hobbs published a response saying the Justice Department list included names of U.S. citizens.

Leaves out 9th Circuit, Alaska, Los Angeles grand jury subpoenas.