In a blizzard of lawsuits, Trump’s DOJ battles across the US over midterm elections

The Trump administration’s sweeping efforts to combat noncitizen voting and assert authority over elections came under intense scrutiny in courtrooms across the country on Thursday, as Democrats and voting rights groups alleged federal election interference.

A federal judge in Washington, D.C., ordered the U.S. Department of Justice to either reveal by midday Friday all states where it has demanded election officials pull aside or not count ballots — or else promise it won’t direct election officials to refuse ballots from some voters.

On the West Coast, an appeals court appeared skeptical of a Trump administration request to allow the U.S. Department of Homeland Security to resume election-related field operations that could sweep up U.S. citizens.

In California, the Justice Department vowed to keep fighting to require election officials there to set aside the ballots of some 20,000 voters the Trump administration alleges are suspected noncitizens and not count their votes unless they can prove their citizenship. On Thursday, Los Angeles County disclosed it had received federal grand jury subpoenas last week for election-related records.  

And in Alaska, the DOJ kept up pressure on election officials over its U.S. Senate race.

The bevy of lawsuits and hearings underscore the high stakes of the midterm elections to determine control of Congress. Amid sagging approval ratings, President Donald Trump faces investigations and a thwarted legislative agenda during his final two years in office if Democrats retake the House or Senate.

Final days before midterm elections

For the past year, Trump has sought power over elections. The Justice Department unsuccessfully sued dozens of states in an attempt to force them to turn over sensitive voter data, including driver’s license and Social Security numbers. The president also tried to use the U.S. Postal Service to impose restrictions on mail ballots, but was blocked by the U.S. Supreme Court.

Now, in the final days before Election Day, the Trump administration and its allies have launched a new effort to influence elections that pits it against state and local officials who say the federal government is overstepping its authority. A growing number of federal judges agree, and have handed Trump a series of court losses over the past two weeks.

At the heart of several of these cases is what power, if any, the Trump administration has over federal elections. The elections clause of the U.S. Constitution gives states the authority to run their own elections, though Congress can override state rules and regulations.

“The DOJ’s actions are indicative of a broad, ongoing pattern of attempted election interference by federal officials,” U.S. District Judge David Carter, an appointee of President Bill Clinton in the Central District of California, wrote in an order released late Wednesday that blasted the Trump administration’s efforts in California.

But the legal challenges continue to multiply.

The Republican National Committee on Thursday sued an election official in Black Hawk County, Iowa — home to Cedar Falls and Waterloo — alleging public records had been withheld related to the security of ballot tabulators. A day earlier, the Potter County, Texas, Republican Party sued to force a hand count of ballots in the state.

“We gotta be careful with the cheating vote counters,” Trump said during a rally in Michigan on Sunday, adding that “bad things happen with the vote counters, so we gotta be careful.”

In DC: Judge wants DOJ to identify targeted states

During a Thursday hearing, U.S. District Judge James Boasberg directed the Justice Department to provide more information on its efforts to require states to set aside the ballots of suspected noncitizen voters.

California and Washington state have so far publicly disclosed that they have received letters demanding that they segregate ballots. The Justice Department provided California officials a list of 20,000 voters and about 400 voters in Washington. 

While the DOJ has sued California in an effort to force officials to comply, as of Thursday afternoon Washington hadn’t been sued.

House Minority Leader Hakeem Jeffries, who’s in line to become speaker if his party retakes the House, and Senate Minority Leader Chuck Schumer, along with other Democratic groups and a California voter, alleged in a lawsuit this month that the Trump administration has engaged in a pattern of intimidation intended to frighten officials into complying with unlawful demands to thwart voting.

The Democrats asked for a temporary restraining order, citing the Trump administration’s expanding campaign to pressure state and local election officials. 

Boasberg, an appointee of President Barack Obama in U.S. District Court for the District of Columbia, ordered the Justice Department by noon Eastern on Friday to identify all states where the Trump administration has demanded ballots be set aside since July 1.

But the judge also offered the Trump administration a way out.

“Defendants may moot this process at any time by filing a notice indicating that they will not engage in the conduct sought to be enjoined in connection with the upcoming election,” Boasberg wrote in a brief order.

At the 9th Circuit: Homeland Security limits weighed

At the 9th U.S. Circuit Court of Appeals, a three-judge panel appeared unpersuaded by Trump administration arguments that Homeland Security needs limits lifted on election-related field operations less than a week before Election Day.

“What do you need in the next four days? What are you prevented from doing in the next four days?” Appellate Judge Sidney Thomas, a Clinton appointee, asked a DOJ lawyer during oral arguments on Thursday.

Earlier this month, a federal judge in California prohibited DHS from conducting operations that could sweep up U.S. citizens. The prohibition applies in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin until polls close on Election Day.

A Homeland Security Investigations internal memo dated Aug. 31 describes a “surge initiative” beginning Sept. 1 that includes conducting field interviews. The memo, which was filed in court, identifies those states as targets of the surge during September. Additional locations are redacted in the document.

Justice Department lawyer Gabriel Schonfeld said he couldn’t speak to the specifics of any particular investigation. He called the injunction entered by the lower court judge vague, making it difficult for federal officials to know exactly what is and isn’t allowed.

“The government is being chilled,” Schonfeld said.

The original lawsuit was filed by San Francisco, Santa Clara, the California Nurses Association, National Nurses United and the Voto Latino Foundation. They alleged voters, especially naturalized citizens, are at risk of intimidation and fear they could be wrongly targeted.

“Those folks have a civic duty they want to perform and they shouldn’t have to do it under this cloud of fear,” Hayden Johnson, a lawyer for the plaintiffs, told the appeals court.

California and Alaska: What’s next?

The Justice Department immediately filed a notice that it would appeal a ruling by Carter denying its request that California election officials be forced to segregate the ballots of 20,000 voters.

The 9th Circuit already denied a previous, preemptive appeal brought by the Justice Department — a signal the appeals court would likely once again rule against the Trump administration.

But the case is set to continue past Election Day. While Carter has denied the Justice Department’s request for a temporary restraining order, the underlying lawsuit remains.

On Thursday, Carter appointed a special master to aid him and scheduled a hearing for Nov. 13 where witnesses may be called to testify about the list of suspected noncitizens.

In California, county election officials must certify results by Dec. 3.

The Los Angeles County Registrar-Recorder/County Clerk’s office on Thursday disclosed federal grand jury subpoenas it received for a range of election and voting-related documents and information.

The disclosure came after Carter warned Justice Department officials to drop threats of prosecution against election officials. The subpoenas don’t make clear the target of the grand jury investigation.

In Alaska, the DOJ sued Alaska election officials last week in a preemptive attempt to stop the state from certifying the results of its Senate election if, under the state’s ranked-choice voting method, the Republican incumbent loses by a smaller margin than the votes earned by another candidate of the same name. 

Republican Sen. Dan S. Sullivan and his supporters have cast Dan J. Sullivan, another candidate, as a spoiler in a competitive race against Democrat Mary Peltola. State officials initially kept Dan J. Sullivan off the August primary ballot but the Alaska Supreme Court overturned the decision.

The case drew fresh attention after The New York Times reported that the Peltola campaign helped recruit Dan J. Sullivan. Alaska Gov. Mike Dunleavy, a Republican, has ordered an investigation, while Trump has called for Peltola and Dan J. Sullivan to be kicked out of the race.

The Justice Department on Thursday amended its lawsuit to highlight the Times reporting.

The Trump administration “brings this lawsuit to protect the integrity of the 2026 Senate election in Alaska,” the complaint says.