The Justice Department filed a notice of appeal to the Ninth Circuit on Saturday, Oct. 31, against a temporary restraining order U.S. District Judge Trina Thompson signed Friday in San Francisco, Democracy Docket's case page shows and NBC News reported. The order bars the department and Homeland Security from threatening state and local election workers with prosecution, or demanding they remove voters or set aside ballots, when the only basis is the government's claim that a voter is ineligible. No stay request had been reported by Sunday morning.
Election workers in many states start counting Tuesday night under the order.
Unions and civil rights groups, led by the Service Employees International Union, sued Friday morning. Thompson found the agencies "likely violated Section 11(b) of the Voting Rights Act," the law's ban on voter intimidation. Her order requires the department to tell every government that got its letters that the demands "have been enjoined." It also requires the department to tell her court of any grand jury subpoena or search warrant application tied to its voter lists.
- The order runs to 5 p.m. on Nov. 16; a hearing on a longer injunction is set for Nov. 13.
- At least three Los Angeles County election officials are due before a grand jury Wednesday, AP and CBS News reported.
County registrars, poll workers, the voters on the federal lists and the department's lawyers all wait on the Ninth Circuit. Matt Morales, Santa Clara County's top election official, told ABC News the letters had a "severe chilling effect on my staff and me." San Benito County's registrar, Francisco Diaz, said, "I did not know whether I might be arrested."
Disputedwhether the department's letters and subpoenas are lawful enforcement or intimidation of the people who count votes.
- Department framing, from a spokesperson quoted by Fox News, holds that the judge ruled "without even waiting to hear from the United States" and calls the result "a two-track system of justice."
- Enforcement framing holds that noncitizen voting is a federal crime and that officials who knowingly count such ballots can be held to account.
- Plaintiffs' framing, from the unions and civil rights groups, holds that threats against counters chill a lawful count days before it happens.
- Workers' framing, from county officials quoted by ABC News, centers on fear: poll workers in San Benito County did not report Friday.
- Process framing holds that a ruling made before the government filed a response invites quick appellate review.
The RecordThe order's text, read in full, sets the six barred acts, the notice duties and the Nov. 16 expiry. Democracy Docket lists the complaint as filed Oct. 29; Epoch Times says Oct. 30. The order requires notice of grand jury subpoenas tied to the lists; no filing shows whether the Wednesday appearances fall under it. Confidence that an appeal was noticed: high. Confidence in whether the Ninth Circuit acts before Tuesday: low.
What to watch: The department's opposition, due noon Monday. Any stay request at the Ninth Circuit. Whether the Los Angeles grand jury appearances go forward Wednesday.
Sources: AP, ABC News, CBS News, Democracy Docket, Epoch Times, Fox News, NBC News, U.S. District Court N.D. Cal. (order)
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