Ruling due Monday on Democrats’ challenge to election push
Chief Judge James Boasberg on Thursday ordered the Trump administration to identify all states where it has pressured officials to comply with its efforts to prevent non-U.S. citizens from voting in the midterm election. He said he intends to rule by Monday — the eve of Election Day — on a request by Democratic Party leaders to block President Donald Trump’s administration from attempting to undermine state election procedures next week.
Boasberg noted that the administration can “moot this process at any time” by filing a notice indicating that it will not engage in the election-related conduct the Democratic plaintiffs sued to challenge. He also ordered the administration to turn over by Friday its list of Justice Department letter recipients, as the judge and plaintiffs seek to learn whether election officials in any states besides California and Washington have received letters threatening criminal prosecution if they knowingly retain noncitizens on their statewide voter registration lists.
Democratic Party leaders, including Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries, sued on Oct. 20 in U.S. district court. The plaintiffs asked Boasberg to bar the administration from removing legally registered voters from statewide voter registration lists, preventing states from issuing ballots to registered voters, or preventing states from counting ballots. The other plaintiffs are the Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee and the Democratic Governors Association.
The lawsuit cites the administration’s recent actions in California, where the Justice Department sued to block state election officials from counting mail ballots cast by people whom the federal government has identified as “likely” noncitizens until their immigration status can be confirmed. A federal judge sided with California in that case on Wednesday, and the Justice Department immediately appealed.
During the hearing, Boasberg noted that the administration’s letters do not require states to do anything unless the federal government obtains a court order to compel compliance. “That’s up to them. That’s their own choice,” Justice Department attorney Christian Dibblee said. “It just notifies them of a potential violation of federal law.”
Boasberg expressed doubt that the Democratic plaintiffs have established the legal standing necessary to bring their claims. “I don’t doubt you have legitimate concerns,” the judge said. “The harder question for me is your standing to do it.” Plaintiffs’ lawyer Uzoma Nkwonta urged the judge to stop the government’s “unprecedented campaign” to interfere with states’ duties to administer elections.
Administration attorneys claim the government has found evidence that people who are not U.S. citizens have or will illegally cast midterm votes, and that the plaintiffs’ claims are overly broad, vague and would prevent the administration from carrying out its constitutional duty to enforce federal laws. Evidence from the states and the Justice Department’s own investigations has shown that voting by noncitizens is extremely rare.
Boasberg, nominated by Democratic President Barack Obama, has drawn criticism from the White House for rulings against the Trump administration. Trump and his allies called for the judge’s impeachment last year after he blocked the administration from using the 18th-century Alien Enemies Act to deport planeloads of Venezuelan migrants to El Salvador.
The lawsuit’s named defendants are Trump, the Justice Department, Attorney General Todd Blanche, the Department of Homeland Security and its secretary, Markwayne Mullin.