The Justice Department is defying a court-ordered deadline to provide a list of the tens of thousands of California voters it sought to remove from the state’s rolls, arguing that the request amounts to a “fishing expedition.”
A federal judge is expected to rule Monday on the Trump administration’s push to force states to comply with its campaign against alleged noncitizen voting.
Democrats contend the effort is a thinly disguised attempt to expand federal control over Tuesday’s midterm elections, which are expected to give voters their clearest assessment yet of President Donald Trump’s second term in the White House.
US District Judge James Boasberg ordered the Trump administration last week to provide a list of states targeted by election-related demands, including requests for voter registration data and information about ballot-counting procedures.
The Justice Department, however, missed a Friday evening deadline to disclose information about the California voters it directed state officials to remove.
A separate federal judge blocked that effort last week.
A coalition of Democratic Party officials and organizations is seeking an emergency order to halt the administration’s actions, arguing that they violate states’ authority to administer elections.
Voters attend a campaign rally in Sioux City, Iowa, in late October. Trump campaigned in the state as he worked to bolster support for down-ballot Republicans ahead of the midterm elections.
President Donald Trump speaks with members of the media before boarding Air Force One.
Voters cast ballots at a polling station in Anchorage, Alaska, in October.
The moves come as concerns grow that Trump is preparing to challenge election results that could deliver a damaging setback to his party.
Trump administration officials have repeatedly said the campaign is intended only to protect election integrity and crack down on noncitizen voting. State audits and other reports, however, have found that illegal voting by noncitizens is extremely uncommon.
Critics argue that the actions are instead a thinly veiled effort to federalize election administration and create a foundation for contesting the midterm results if Democrats sweep the election.
According to Reuters, the Trump administration issued more than 100 subpoenas seeking voter information from at least 13 states last week. The requests covered everything from individual voting records to data involving thousands of people.
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The Justice Department previously sued California and Los Angeles County in an effort to stop the counting of ballots from more than 20,000 voters it identified as “likely noncitizens.” It also sued Washington state over more than 400 registered voters it identified on the same basis.
The department has also joined a lawsuit seeking to block certification of Alaska’s election results if Democrat Mary Peltola defeats incumbent Republican Senator Dan S. Sullivan.
Last month, Trump used social media to threaten California election officials with prison if they refused to comply with requests for voter information. On Truth Social, he said officials “will all go to jail for a long period of time” if they declined to provide the requested data.
The Justice Department sent letters to every state last week, “reminding them of their obligation” to preserve voting records for 22 months after an election.
The letters, signed by Acting Deputy Attorney General Trent McCotter, warned election officials that failure to preserve the records could result in “up to a year in prison and a $1,000 fine.”
Taken together, the actions reflect an unusually aggressive approach by the administration and the president as Trump confronts the possibility that Democrats could take control of one or both chambers of Congress.
Boasberg will decide Monday how the case should proceed, although he emphasized in court last week that Democrats may not yet have legal standing to challenge conduct that has not occurred.
The information sought from the administration could nevertheless offer unprecedented transparency into how and where the Justice Department and Department of Homeland Security are applying pressure to states ahead of November 3.
Meanwhile, other judges have issued forceful warnings about the administration’s language and conduct.
On Friday, US District Judge Trina Thompson ordered the Justice Department not to “threaten, intimidate or coerce state or local elections officials or workers” into stopping the processing of ballots it suspects were cast by noncitizens.
“One of the hallmarks of a fair election is the freedom to exercise the right to vote free from threat, fear, or intimidation,” Thompson said.
“Free exercise of the right to vote is a core tenet of our democracy. It requires safeguarding to ensure full participation and public trust in our elections,” she added. “Election Day is around the corner. Ballots have already been issued. Americans have already begun voting. Workers have already begun processing ballots.”
“Given the consequences of inaction, the Court sees no reason to delay its ruling.”
