Democratic leaders and election groups sued President Trump and the Justice Department (DOJ) on Tuesday. They want a federal court to stop officials from pressuring states to remove voters from their rolls before the Nov. 3 midterm election 1.
The 44-page complaint was filed in U.S. District Court in Washington. It accuses the DOJ and the Department of Homeland Security (DHS) of unlawfully directing states to remove suspected noncitizens from voter lists. It also accuses them of threatening election officials with criminal prosecution if they refuse 1. These are allegations. No court has ruled on them.
Three Democratic-aligned groups and several Democratic leaders filed the suit. They include Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries, both of New York 1.
What the lawsuit says
The complaint says the administration relied on “shoddily compiled lists” that “crumbled upon the barest inspection.” The plaintiffs argue that puts eligible Americans at risk of being denied a ballot or having their vote go uncounted 1.
It cites an Oct. 13 DOJ demand that California withhold or set aside ballots from more than 20,000 registered voters suspected of being noncitizens. It also cites a DHS claim that Nevada had nearly 16,000 noncitizens on its rolls 12. The suit further alleges that threatening officials with prison violates the Voting Rights Act 1.
The administration rejects the charge. DOJ spokeswoman Kiersten Pels said the department's actions are grounded in the law and are being litigated in open court 1. White House spokeswoman Lauren Bis said, “Anyone who illegally votes in our elections will be held accountable” 1.
Every action the Department has taken to protect the integrity of this year’s elections is grounded in the law and being litigated in open court.
DOJ monitors are being named now
This week the DOJ began notifying counties it wants to monitor on Election Day, NPR reported. Counties in Colorado, Florida, Minnesota, Texas and Washington have been notified so far, and the list appears to be growing 3.
The department has long sent monitors. Under President Biden it watched 64 jurisdictions in 24 states in 2022. Harmeet Dhillon, who heads the DOJ Civil Rights Division, has said she plans to send 1,000 observers nationwide, which she called the largest such effort in DOJ history 3.
Josh Zygielbaum, the Democratic clerk of Adams County, Colorado, said he was contacted, but the Republican clerk in neighboring Weld County was not. Both counties hold parts of a toss-up congressional district. Pels said the DOJ prioritizes competitive races and picked Adams because it is covered by a Voting Rights Act language-access provision 3.
My initial thought is that it's politically motivated, and that this is potentially an intimidation technique
Some states say they were not told at first. Officials in three states said that, unlike in past years, they were not notified at the same time as their counties. They received notice only after NPR asked the DOJ about it 3.
What happens next
The court has not yet set a ruling or a hearing, according to the coverage. The DOJ says it will share which places it will monitor “closer to the election” 3. Colorado officials say they are weighing how to respond, since state rules require observers to have the secretary of state's permission unless a court orders otherwise 3.
That matters because the voters at the center of these fights are real people whose names can end up on lists the plaintiffs call flawed. The suit argues that officials who run elections should not face prosecution threats over decisions the law leaves to the states 12.
The Record
- Under President Biden, the DOJ monitored 64 jurisdictions in 24 states on Election Day in the last midterm year 3.
- The DOJ demanded that California withhold or set aside ballots from more than 20,000 voters suspected of being noncitizens 1.
- Democratic leaders and election groups sued Trump and the DOJ in federal court in Washington 12.
- The DOJ began notifying counties in Colorado, Florida, Minnesota, Texas and Washington that it wants to monitor Election Day 3.
Sources
- The Hill, “Democrats sue Trump administration over 'threats and intimidation' ahead of election” (2026-10-22). thehill.com/regulation/court-battles/6164426-democrats-sue-t
- Axios, “Democrats accuse Trump of using prosecution threats to pressure election officials” (2026-10-21). axios.com/2026/10/21/trump-election-interference-lawsuit-dem
- NPR, “The Justice Department begins notifying counties where it wants to monitor elections” (2026-10-22). npr.org/2026/10/21/nx-s1-6009896/justice-department-monitors
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