Judge orders Trump administration to list states receiving voting enforcement letters

The federal government is preparing for the November 3 midterm election, but a legal dispute over its authority to police voter rolls has reached the U.S. District Court for the District of Columbia. On Thursday, Chief Judge James Boasberg issued an order requiring the Trump administration to identify every state that has received pressure from federal officials regarding the counting of noncitizen ballots.

The administration must submit a list of all Justice Department letter recipients by Friday. These letters threatened state election officials with criminal prosecution if they knowingly kept non-U.S. citizens on their statewide voter registration lists. The government has already used this tactic in California and Washington, but the plaintiffs want to know if other states have received similar notices.

Democratic Party leaders filed their lawsuit on October 20 to stop the executive branch from interfering with state election procedures. The group includes Senate Minority Leader Chuck Schumer, House Minority Leader Hakeem Jeffries, and three Democratic campaign committees. They sued President Donald Trump, the Justice Department, Attorney General Todd Blanche, the Department of Homeland Security, and Secretary Markwayne Mullin. The plaintiffs seek an order barring the administration from removing legally registered voters, blocking ballot issuance, or stopping states from counting ballots.

Boasberg stated he intends to rule on the case by Monday, the day before the election. He noted that the administration can end the litigation at any time by filing a notice that it will not engage in the specific conduct challenged by the plaintiffs. The judge expressed doubt that the Democratic plaintiffs have established the legal standing necessary to bring their claims. He also observed that the federal letters do not force states to act unless the government wins a court order compelling their compliance.

Attorneys for the administration argued that the government has found evidence that noncitizens have or will cast illegal votes in the midterms. Justice Department attorney Christian Dibblee told the court that the letters merely notify states of a potential violation of federal law. Dibblee said, “That’s up to them. That’s their own choice.” The administration contends that the plaintiffs' claims are too broad and vague, and would prevent it from enforcing federal laws as required by the Constitution.

Plaintiffs' lawyer Uzoma Nkwonta urged the judge to halt what he called an “unprecedented campaign” to interfere with state duties. Evidence from state records and federal investigations indicates that noncitizen voting is extremely rare. In a related dispute in California, a federal judge sided with state officials on Wednesday after the Justice Department sued to block the counting of mail ballots from “likely” noncitizens. The Justice Department has already appealed that ruling.

Boasberg, who was nominated by former President Barack Obama, has faced criticism from the White House for previous rulings against the Trump administration. The president and his allies called for the judge's impeachment last year after he blocked the use of the Alien Enemies Act to deport Venezuelan migrants to El Salvador. The judge told the plaintiffs, “I don’t doubt you have legitimate concerns. The harder question for me is your standing to do it.”

The case sets the stage for the final days of the election campaign. The administration will turn over its list of letter recipients to the court on Friday. Boasberg will issue his decision by Monday, determining whether the federal government can continue its current enforcement strategy during the vote count.