SAN FRANCISCO — A federal judge has blocked the Justice Department and the Department of Homeland Security from threatening election officials and workers over claims that some registered voters are not eligible to vote. The emergency order, issued on Friday, Oct. 30, four days before the Nov. 3 midterm elections, keeps the normal ballot process in place while the case is heard, with early and mail voting already under way. Zark News first reported the ruling here.
Why it matters
State and local workers run American elections, often in small offices with few staff. The case raises a basic question: who decides whether a registered voter’s ballot is processed, and on what evidence? The groups that sued argued that threats of prosecution could scare workers into holding back valid ballots. The Justice Department says it is acting to stop voting by noncitizens, which is illegal. With more than 51 million early votes already cast, as Zark News reported here, the order governs ballot handling on Election Day and during the count.
What we know
- The order and its limits. U.S. District Judge Trina L. Thompson issued a temporary restraining order on Oct. 30 in SEIU v. U.S. Department of Justice, No. 3:26-cv-12800, according to reporting by the Associated Press and The Hill. It runs until 5 p.m. on Nov. 16. The plaintiffs are the Service Employees International Union, the American Federation of State, County and Municipal Employees, the League of United Latin American Citizens and the NAACP.
- What the departments may not do. Until it expires, the two departments may not threaten or coerce officials to stop processing a registered voter’s ballot only because the administration says that voter is ineligible; may not demand that officials purge those voters, refuse them ballots, or set their ballots aside; and may not threaten prosecution of officials who refuse or who count ballots as the law requires.
- What the departments must do. Thompson ordered them to notify every government that received their ballot letters that the threats are now blocked, and the Justice Department must disclose any pending search warrant applications and grand jury subpoenas tied to its voter lists.
- The pressure that came before. According to the reporting, the department had demanded that California set aside about 20,000 ballots and Washington 405, and subpoenaed Los Angeles County election workers. Another federal judge rejected the California effort on Oct. 28, and an appeals court refused it on Oct. 30. Letters dated Oct. 29, signed by Acting Deputy Attorney General Trent McCotter, also reminded officials in all 50 states that federal law (52 U.S.C. 20701) requires keeping election records for 22 months, on pain of up to a year in prison and a $1,000 fine.
- The reasoning, and the appeal. Thompson wrote that ballots have already been issued and Americans have begun voting, and found the plaintiffs likely to succeed, according to the reporting. According to Just Security’s litigation tracker, the government appealed the order to the Ninth Circuit on Oct. 31.
What we still don’t know
- How the voter lists were built. The department has not publicly shown how it built its lists of voters it calls likely noncitizens, and their accuracy is disputed in the litigation. No individual voter’s eligibility has been settled by these rulings.
- Whether the order survives the appeal. The government appealed on Oct. 31. Whether the Ninth Circuit will pause or narrow the order before or after Election Day is not yet known.
- What the department will file on Monday. Its response is due by noon on Monday, Nov. 2. It did not immediately respond to the ruling in the reporting Zark News reviewed.
- What happens to the California and Washington ballots. The demands to set aside about 20,000 California ballots and 405 Washington ballots are being fought in related cases, to be decided after Election Day while ballots are still being counted.
What’s next
The department’s response is due by noon on Monday, Nov. 2. A hearing on a longer preliminary injunction is set for Nov. 13, before the order expires at 5 p.m. on Nov. 16. That decision could shape how disputed ballots from this election are handled. Zark News explained the earlier stage of this fight, the department’s 48-hour ultimatum to California, here.
Timeline
- Oct. 14, 2026: Zark News reports the department’s 48-hour ultimatum to California over its list of about 20,000 voters.
- Oct. 28, 2026: A federal judge rejects the department’s effort to force California to set aside those ballots.
- Oct. 29, 2026: The SEIU and allied groups sue; the department sends election-records letters to all 50 states.
- Oct. 30, 2026: Thompson issues the restraining order; an appeals court also refuses the California ballot request.
- Oct. 31, 2026: The government appeals the order to the Ninth Circuit (Just Security litigation tracker).
- Nov. 2–3, 2026: The department’s response is due by noon on Nov. 2; Election Day is Nov. 3.
- Nov. 13–16, 2026: Preliminary-injunction hearing on Nov. 13; the restraining order expires at 5 p.m. on Nov. 16 unless extended or replaced.
