A federal judge has ordered the Trump administration to disclose a list of all states targeted with requests to alter their midterm election procedures, including setting aside certain ballots for additional scrutiny. The order issued Thursday by Chief Judge James E. Boasberg of the U.S. District Court for the District of Columbia aims to shed light on the scope of the administration’s efforts to influence election administration ahead of next week’s vote.
The ruling comes in the context of a lawsuit filed by a coalition of Democratic politicians and party organizations. They seek to prevent the Department of Justice from interfering with state and local election officials’ handling of ballots. The administration has sent letters to states including California and Washington, demanding that ballots cast by voters identified as possible noncitizens be impounded and scrutinized separately.
State officials have challenged the accuracy of the federal government’s lists, describing them as error-ridden and arguing that election administration is a state responsibility. Uzoma Nkem Nkwonta, a lawyer representing the Democratic coalition, expressed concern that other states and localities may have received similar letters without public acknowledgment. He noted that, although courts so far have rejected demands to disclose voter data or segregate ballots, some officials might have complied quietly.
During a hearing, Judge Boasberg said he plans to determine by November 3 whether to bar the Justice Department’s ongoing efforts. To assist in this decision, he directed the department to submit by Friday noon all communications instructing election officials to remove registered voters from rolls, refuse ballots to registered voters, or isolate ballots from specific individuals. Judge Boasberg also indicated that the administration could halt the inquiry if it promises to refrain from issuing additional directives to change ballot processing in the days leading up to the election.
The Justice Department has warned election officials in letters that noncompliance could lead to significant federal scrutiny. Reports have indicated that local election officials have also been subpoenaed to testify before federal grand juries investigating the screening of noncitizen voters.
The administration’s claims contend that thousands of “likely noncitizens” are registered to vote and that ballots from these individuals should be segregated. However, state officials who have attempted to verify the federal data have frequently found it incorrect, sometimes implicating lawful voters erroneously. The Democratic coalition argues that this approach amounts to intimidation and risks disenfranchising eligible voters by pressuring election officials.
Department of Justice attorney Christian Dibblee acknowledged the federal requests but maintained that the government is not compelling states or localities to disqualify voters. He emphasized that each state has independent procedures for confirming voter eligibility, regardless of federal communications.