Voting Rights · Report · File No. 261102-385
Judge presses DOJ on voter list error rate ahead of Monday ruling
A federal judge in San Francisco questioned why the Justice Department is pursuing suspected noncitizen voters the day before the election. She is expected to rule Monday on the department's request to pause or dissolve her order.
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A federal judge in San Francisco pressed a Justice Department lawyer on Monday over a list of suspected noncitizen voters. Her order limiting the department's threats against election workers is the point at issue. She is expected to decide by the end of the day on the department's request to pause or dissolve it, the eve of Election Day 1.
The Service Employees International Union (SEIU) and other groups sued Thursday over Justice Department letters sent to election offices. The groups say the letters threaten criminal prosecution if workers process ballots of people on the government's list of suspected noncitizens 1.
U.S. District Judge Trina Thompson, a Biden appointee, blocked the department on Friday from threatening, intimidating or coercing local election officials nationwide over those ballots. Her temporary restraining order expires at 5 p.m. Nov. 13 1. Monday's hearing was on the department's request to pause the order during an appeal, or to dissolve it. Thompson signaled that any ruling could narrow its nationwide reach 1.
'A high error rate'
Assistant U.S. Attorney Kenneth Kao argued that the government may investigate and prosecute 1. Thompson asked him whether the list has a high error rate. He replied: "I think that's a fair statement" 1.
From Channel GOPThompson: Trump's DHS hid ICE killing of citizenBennie Thompson · 159 plays · captioned, with the source named
Plaintiffs' attorney Danielle Leonard said California would not give the federal government an unredacted voter roll. She said the government then built its own list from redacted data that someone bought from the state. Nobody knows when the data was obtained, she said, and the government will not say whether it has been altered 1.
Kao said the department wanted to verify the list before Election Day and that California refused to help. He also argued that the workers who sued never personally received a letter, since the letters went to county election officials 1. Attorney Stacey Leyton answered that the threats reach many election workers and said "The defendants broadly broadcast these threats" 1.
But why is it imperative to do it now, when we're about to have an election tomorrow?
Thompson also asked why the government did not begin its investigation until after California certified its election. She said she had heard that election workers rely on a flawed list and could face prosecution for processing certain votes. She asked how an eligible voter would avoid being disenfranchised 1.
A related California fight
The list is at the center of several court challenges. Last week, a Ninth Circuit panel rejected the Trump administration's attempt to make California set aside as many as 20,000 ballots 1.
In a separate California case last week, U.S. District Judge David Carter warned the department that "any threats to state and county election employees cease immediately," Democracy Docket reported 2. That case involved the federal request to stop California from counting about 20,000 ballots 2.
That matters because poll workers and county clerks run Tuesday's election. If they fear prosecution for doing their jobs, eligible voters' ballots could be delayed or left uncounted. The ruling is due Monday, and a written decision will follow 1.
The Record
- Judge David Carter, at a hearing in a separate California case, warned that threats to election employees should cease immediately 2.
- SEIU and other groups sued the Justice Department over letters sent to election offices 1.
- Judge Trina Thompson barred the department from threatening election officials nationwide over suspected-noncitizen ballots, in an order expiring Nov. 13 1.
- Thompson heard the department's request to pause or dissolve the order and signaled a ruling by day's end 1.
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Sources
- Courthouse News, “Judge presses DOJ attorney over 'unreliable' voter list” (2026-11-02). courthousenews.com/judge-presses-doj-attorney-over-unreliabl
- Democracy Docket, “Election worker threats must 'cease immediately,' judge tells DOJ ahead of crucial California voter ruling” (2026-10-28). democracydocket.com/news-alerts/election-worker-threats-must
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More from the files
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DOJ appeals ruling that lets California count ballots it says came from noncitizens
The Justice Department asked the 9th Circuit for a fast ruling after a judge refused to make California set aside up to 20,000 ballots. Millions of votes are already in, and Election Day is Tuesday.
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U.S. District Judge David O. Carter said Tuesday he may appoint an independent special master to vet the Justice Department's list of 20,000 alleged noncitizens on California's voter rolls, with a formal order expected Wednesday — six days before the midterm election ends.
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