Federal Election Interference Risk Map

Full 9th Circuit reinstates pause of Judge Thompson's order on DOJ threats to election officials — On Election Day, a majority of the 11-judge en banc 9th Circuit reinstated, "pending further order of the court," the three-judge panel's Nov. 2 order pausing Judge Trina Thompson's Oct. 30 temporary restraining order. Thompson's order, in a suit by SEIU, AFSCME, LULAC and the NAACP, barred DOJ and DHS from further requests that California and Washington election officials set aside ballots of voters the government calls noncitizens, and from threatening prosecution; it was set to expire Nov. 16. Judge Eric Miller concurred; Chief Judge Mary Murguia and Judge Roopali Desai dissented. The court did not state the vote. The order does not affect the separate Nov. 2 orders by Chief Judge James Boasberg and Judge Tanya Chutkan in Washington, D.C. New

Supreme Court refuses to make California set aside 20,000 mail ballots — In a one-line unsigned order with no noted dissents, the Supreme Court denied the Justice Department's emergency application asking it to order California to separate mail ballots from about 20,000 people federal agencies flagged as likely noncitizens. The order leaves in place Judge David O. Carter's Oct. 28 denial and the 9th Circuit's refusals, so California counts the ballots under state law. DOJ had filed the application Nov. 2, the day before the election New

Full 9th Circuit restores order barring DOJ and DHS from threatening California election officials — A majority of the 9th Circuit's active judges voted to vacate a three-judge panel's 2-1 order that had paused Judge Trina Thompson's Oct. 30 ruling, and to rehear DOJ's request to pause it as a full court. Judges Carlos Bea and Consuelo Callahan had formed the panel majority; Chief Judge Mary Murguia dissented. Thompson's order, in a suit by the NAACP, LULAC and unions representing California election workers, found that DOJ's threats to prosecute election officials likely violate federal law, and it went back into effect until Nov. 3, when the full court reinstated the panel's pause New Corrected Nov 3

Judge bars DOJ and DHS from sending states lists of suspected noncitizen voters — In a Privacy Act suit brought by voting rights and privacy groups, U.S. District Judge Tanya Chutkan in Washington, D.C., barred the Justice Department and the Department of Homeland Security from sending states lists of registered voters the administration says may not be citizens, and from asking election officials to set aside or not count those voters' ballots until citizenship is proven. She found the federal data may not be reliable and that eligible voters risked being disenfranchised. DOJ had argued its letters to states were not a policy a court could review New

Judge orders DOJ to stop demanding that California set aside 20,000 ballots — In a suit by the Coalition for Humane Immigrant Rights (CHIRLA) and a California voter, represented by the UCLA Voting Rights Project, Chief U.S. District Judge James Boasberg in Washington, D.C., issued a temporary restraining order barring the administration from demanding that California election officials set aside ballots from about 20,000 people on federal lists of suspected noncitizens, or otherwise depart from state election procedures because of those lists. "The Executive Branch has likely violated the Constitution's Elections Clause," he wrote. DOJ asked Boasberg Nov. 1 to sanction CHIRLA over its analysis of the list; that request has not been decided New

Washington groups ask court to stop DOJ's demand to set aside 405 voters' ballots — OneAmerica Votes, the Latino Community Fund and UFCW, which sued DOJ and DHS in federal court in Seattle on Oct. 30 over the Justice Department's demand that Secretary of State Steve Hobbs set aside ballots from 405 people it calls noncitizens, filed an emergency motion on Nov. 2. Hobbs had already refused the demand Oct. 28. No ruling yet New

Judge lets DOJ use ATF, DEA and prison staff as poll monitors, on DOJ's promise they act only as clerical observers — U.S. District Judge Reggie Walton in Washington, D.C., denied an emergency request by the NAACP, represented by Advancement Project, to bar DOJ from using personnel from the ATF, DEA and Bureau of Prisons as Election Day monitors. He ordered DOJ to hold to its lawyers' concessions: the monitors serve as administrative or clerical staff, not law enforcement; wear no uniform or agency insignia; are not armed; have no power to make arrests; do not speak with voters inside polling places; and follow state and local rules. DOJ had to report by 7 a.m. Nov. 3 how it confirmed no monitor has arrest powers. DOJ says about 1,000 monitors are deployed in all 50 states New

Judge dismisses DOJ's suit to block certification of Alaska's Senate race; DOJ says it will appeal — U.S. District Judge Sharon Gleason dismissed the Justice Department's suit seeking to block certification of Alaska's Senate race if Sen. Dan Sullivan narrowly loses, finding DOJ lacked standing because it never explained how the relief it sought could fix the injury it alleged, and refused to let DOJ amend its complaint again. She called the relief "infeasible" because many Alaskans have already voted and cast ballots are commingled so they cannot be linked to voters, wrote that "the United States provides no workable plan as to how it proposes to segregate ballots," and said setting aside ballots cast for independent Dan J. Sullivan "is not a remedy that this Court can or should order" because it would violate Alaskans' right to a secret ballot. She also cited the states' constitutional authority to run elections and the Purcell principle that federal courts should generally not change election rules close to an election. A DOJ spokesperson said the department "plans to file a notice of appeal." The ruling does not end DOJ's separate criminal investigation into how the second Sullivan entered the race New

Appeals court again refuses to make California set aside 20,000 ballots; special master named to examine DOJ's list — A 9th Circuit panel denied, 2-1, the Justice Department's request to order California to set aside mail ballots from about 20,000 people federal agencies flagged as likely noncitizens while DOJ appeals Judge David O. Carter's Oct. 28 ruling. In an unsigned order, Judges Mark Bennett and Gabriel Sanchez wrote that "there is no feasible way to identify and segregate the ballots of specific individuals" and called DOJ's emergency "at least in part, a self-constructed one." Judge Patrick Bumatay dissented. DOJ lawyers have previously said they would take the case to the Supreme Court; no Supreme Court filing had been reported as of Nov. 1. On Oct. 29, Carter appointed Daniel B. Garrie as special master to help develop the factual record on DOJ's list, and said he will rule on DOJ's renewed request for a preliminary injunction after a Nov. 13 evidentiary hearing. California counties must certify results by Dec. 3 New

Appeals court keeps the DHS door-knocking ban in place in nine states through Election Day — A 9th Circuit panel of Judges Sidney Thomas, Kim Wardlaw and Anthony Johnstone unanimously denied the Justice Department's request to pause Judge Araceli Martinez-Olguin's preliminary injunction barring Homeland Security agents from going door to door to question people about their citizenship and voting in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin. The panel found the government had not shown irreparable harm, wrote that the plaintiffs' fear "is reasonably exacerbated by two years of highly visible aggressive conduct by federal agents," and said DHS's delay in starting its enforcement surge "has rendered it no longer practicable to prosecute anyone." The injunction expires when polls close on Election Day New

Judge bars DOJ and DHS from threatening election officials over ballot processing; DOJ appeals — In a suit brought by labor unions and civil rights groups, U.S. District Judge Trina Thompson of the Northern District of California issued a temporary restraining order barring the Justice Department and Homeland Security from actions that "threaten, intimidate or coerce state or local elections officials or workers" to stop processing ballots, including demands to set aside ballots from alleged noncitizens and threats of criminal prosecution. She found that "high-ranking DOJ and DHS officials have engaged in a campaign to intimidate, threaten, and coerce" election officials, and ordered DOJ to tell the court about any pending search warrant applications or subpoenas. CNN reports the order covers election officials "in any state"; CBS News describes it as protecting California officials. The order was set to run through Nov. 16, with a hearing set for Nov. 13; the full 9th Circuit paused it Nov. 3. DOJ appealed to the 9th Circuit on Oct. 31, NBC News and CNN report New Corrected Nov 3

Judge orders DOJ to give its 20,000-name California list to an immigrant-rights group's lawyers — Chief U.S. District Judge James Boasberg ordered the administration to give the Coalition for Humane Immigrant Rights of Los Angeles, which is suing over DHS's voter-roll screening, the list of about 20,000 California voters DOJ calls likely noncitizens, so the group can learn whether its members are on it. The plaintiffs may not share the list beyond their legal team. DOJ let the 5 p.m. deadline pass and moved for a stay, saying it would appeal, then withdrew the motion and, Democracy Docket reported, "appeared to comply," giving the list to the group that evening. At the hearing, a DOJ lawyer would not commit to sending no more lists of suspected noncitizen voters to election officials New

Humboldt County refuses DOJ's demand over 16 voters it calls likely noncitizens — A Justice Department letter to Humboldt County Clerk-Recorder and Registrar of Voters Juan Pablo Cervantes listed 16 people it called "likely aliens," asked for their Social Security numbers, ID and registration records within 48 hours, and asked that mail ballots be set aside for any whose citizenship could not be confirmed. Cervantes said he will not set aside ballots or provide more information, that several of the names are not on the county's rolls, and that the letter offered no evidence the others are ineligible. "Allegations are not evidence," he wrote. Tehama County also declined to comply, Jefferson Public Radio reported New

Judge orders DOJ to name every state it has pressed over voters and ballots; ruling on new letters due Nov. 2 — In a suit by Democratic congressional leaders, the Nevada Democratic Party and national Democratic campaign committees, Chief U.S. District Judge James Boasberg ordered the Justice Department to list all the states, beyond California and Washington, to which it and the Department of Homeland Security have sent letters since July about voters or ballots. He said he will rule by Nov. 2 on the plaintiffs' request to bar the government from sending more such letters; at times during the hearing he appeared skeptical that the plaintiffs have standing. No ruling had been reported as of Nov. 1 New

DOJ warns election officials nationwide of criminal penalties over election records — In letters dated Oct. 29 and signed by Acting Deputy Attorney General Trent McCotter, the Justice Department told election officials that federal law requires them to keep ballots, registration records and other election materials for 22 months after a federal election, and warned that "It is a crime to willfully fail to comply," punishable by up to a year in prison and a $1,000 fine. Officials told Votebeat the letters appear to have gone to all 50 states. Former DOJ official Justin Levitt said the letter "looks like it's meant to intimidate rather than to inform" New

DOJ charges 18 more people in North Carolina over 2024 voting — Federal prosecutors announced indictments of 18 more people accused of voting illegally in North Carolina's 2024 election: nine in the Eastern District, five in the Middle District and four in the Western District. That brings to 30 the number indicted in the state this year for alleged illegal voting, ABC11 reports. A false claim of U.S. citizenship to register or vote carries up to five years in prison. Charges are allegations, and the defendants are presumed innocent New

DOJ subpoenas in Alaska Senate probe; governor orders state investigation; House Oversight opens inquiry — The Justice Department began issuing grand jury subpoenas Oct. 29 in its investigation into how independent Dan J. Sullivan entered Alaska's Senate race, the Anchorage Daily News reports, after a New York Times report that Mary Peltola's campaign and the Democratic Senatorial Campaign Committee searched for candidates who could draw votes from Sen. Dan Sullivan. CBS News reports the subpoenas target several Democratic officials believed to be tied to the effort. On Oct. 28, Gov. Mike Dunleavy ordered the Department of Public Safety to investigate whether state law was broken, and the House Oversight Committee said it had opened an investigation. Peltola said, "I knew nothing about any other candidates on the ballot, except for me and the incumbent," and her campaign and the DSCC deny any connection. No one has been charged New

Federal grand jury subpoenas reach at least two California county election offices — Three employees of the Los Angeles County Registrar-Recorder's office were subpoenaed to testify before a federal grand jury in a criminal investigation on Nov. 4, the day after the election, and the Orange County Registrar of Voters received a grand jury subpoena, obtained by Homeland Security agents, for unredacted voter records on 60 people, CalMatters reports. A Justice Department spokesperson said, "Receiving a subpoena doesn't mean you are a target" New

Judge lets voting groups join Alaska certification case; DOJ amends its suit — On Oct. 28, U.S. District Judge Sharon Gleason granted the League of Women Voters of Alaska and other parties permission to join DOJ's suit seeking to block certification of Alaska's Senate race if Sen. Dan Sullivan narrowly loses, and ordered DOJ to answer the motions to dismiss by Oct. 29. DOJ also dropped its opposition to the Peltola campaign and the Democratic Senatorial Campaign Committee joining the case, citing a New York Times report about how the second Daniel Sullivan entered the race. On Oct. 29, DOJ filed an amended complaint alleging that the Peltola campaign and the DSCC misled the court. Gleason dismissed the suit on Nov. 1 New Corrected Nov 1

DOJ says about 1,000 monitors will cover all 50 states; sworn statement rules out FBI and ICE — A Justice Department spokesperson said about 1,000 monitors will be deployed, with a presence in all 50 states, and that the department will not disclose the full list of monitored locations until Election Day. In an Oct. 28 sworn declaration in the NAACP's records suit, Eric Neff, acting chief of the Civil Rights Division's Voting Section, said no FBI or Immigration and Customs Enforcement employees will serve as monitors, and that monitors will be barred from carrying firearms or displaying identifying federal attire. Monitors include staff from the Bureau of Prisons, ATF and DEA New

Reuters: more than 100 federal subpoenas for voter records in at least 13 states — A Reuters investigation found the administration has issued more than 100 subpoenas seeking voter records across at least 13 states, at least 49 of them through federal grand juries, indicating they are connected to criminal investigations. States named in reporting on the findings include Arizona, California, Connecticut, Massachusetts, Michigan, Minnesota, New York, Utah and Washington, along with the city of Philadelphia New

Civil rights groups sue DHS and USCIS over the "Unlawful Voter Initiative" — OCA-Asian Pacific American Advocates, two OCA chapters and Common Cause, represented by the ACLU Voting Rights Project and other groups, sued the Department of Homeland Security and U.S. Citizenship and Immigration Services over an initiative USCIS began in August. The plaintiffs say it tracks and investigates naturalized citizens under the guise of voter eligibility checks using outdated, error-prone data. They ask the court to halt it, to block federal pressure on state officials to withhold or discard valid ballots of people on DHS lists, and to declare that it violates the Civil Rights Act, the Privacy Act and the Administrative Procedure Act New

Judge Carter denies DOJ's bid to make California set aside 20,000 mail ballots; DOJ appeals — In a 26-page order, U.S. District Judge David O. Carter denied the Justice Department's request for a temporary restraining order in United States v. California, so state and county officials keep processing mail ballots from the roughly 20,000 people federal agencies flagged as likely noncitizens. Carter held that the request conflicts with longstanding constitutional principles that leave the administration of elections to the states, warned that it would disenfranchise eligible voters and disrupt an election already underway, and found that DOJ never explained how counting the ballots would impair any prosecution. "Once a vote is segregated, lasting harm has occurred," he wrote. DOJ filed a notice of appeal the same night. On Oct. 30, the 9th Circuit refused, 2-1, to order the ballots set aside while that appeal proceeds. Carter has appointed a special master and set a Nov. 13 evidentiary hearing; counties must certify results by Dec. 3 New Corrected Nov 1

Washington refuses DOJ's demand to set aside ballots from 405 voters it calls noncitizens — In an Oct. 26 letter, Acting U.S. Attorney Charles Neil Floyd of the Western District of Washington and First Assistant U.S. Attorney Pete Serrano of the Eastern District asked Secretary of State Steve Hobbs to set aside any ballots cast by 405 people federal agencies identified as noncitizens, many of them green-card holders, and said the group had cast about 1,500 ballots in past elections. Floyd said no one has been charged but that he expects charges. In an Oct. 28 reply, Hobbs refused, saying the list includes U.S. citizens and people not registered in Washington, that one record dates to 1994, and that federal law bars removing voters within 90 days of an election; he asked DOJ for individual evidence. DOJ has not sued Washington. Washington is the second state, after California, where DOJ has demanded that ballots be set aside New Corrected Nov 3

Texas county GOP sues for a hand count of every Texas ballot before certification — The Potter County Republican Party filed suit in federal court in Amarillo, assigned to U.S. District Judge Matthew Kacsmaryk, asking that every Texas ballot be hand counted before the results of the Nov. 3 election can be certified. The suit names Potter County's election administrator and seeks to include election officials in every county as a class action. No hearing or ruling has been reported New

Judge rules Los Angeles' top federal prosecutor, Bill Essayli, is serving unlawfully; order on hold for appeal — U.S. District Judge J. Michael Seabright ruled that First Assistant U.S. Attorney Bill Essayli is unlawfully serving as the de facto U.S. Attorney for the Central District of California, finding the Justice Department kept him in charge past the 120-day legal limit for acting U.S. attorneys. Seabright barred him from supervising two criminal prosecutions but declined to dismiss the indictments, and delayed his order five business days so DOJ can seek a stay. It is Seabright's second ruling against Essayli; in October 2025 he found Essayli unlawfully serving as acting U.S. Attorney. Essayli signed the Oct. 23 letters to California county registrars and led the office that brought the Oct. 19 charges against 28 green-card holders; the ruling does not decide United States v. California. Essayli said he will keep running the office and expects the Supreme Court to decide the question New

DOJ asks appeals court to lift the order blocking DHS door-knocking in nine states — The Justice Department asked the 9th Circuit for an emergency pause of Judge Araceli Martinez-Olguin's Oct. 21 preliminary injunction in California Nurses Association v. Mullin, which bars Homeland Security agents from visiting homes to question people about their citizenship and voting in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin until polls close. DOJ argues the order interferes with federal law enforcement before the midterms, and an ICE official told the court DHS has about 1,900 active investigations into suspected noncitizen voting. The 9th Circuit set a fast briefing schedule; Justice Connection, a group of former Justice Department employees, filed a brief urging the court to keep the order in place. A 9th Circuit panel unanimously denied the request on Oct. 30 New Corrected Nov 1

Judge Carter signals he won't make California hold 20,000 mail ballots; plans a special master to examine DOJ's list — At the hearing on DOJ's request to set aside ballots from people it calls likely noncitizens, Judge David O. Carter told federal prosecutors "Go out and indict" if they have evidence, said there was no emergency because counties have until the Dec. 3 certification deadline, and said he intends to appoint a special master to examine how DOJ built its list. California's lawyer called DOJ's data "known to be unreliable." Carter warned that threats of prosecution against state and county election workers should "cease immediately." He said he would rule by Oct. 28 New

Callais judges take Louisiana's last majority-Black district under advisement — The three-judge federal panel in Shreveport (Judges Carl E. Stewart, David C. Joseph and Robert R. Summerhays) heard Attorney General Liz Murrill's motion to end the case, on the ground that the redrawn 6th District cures the violation, and the plaintiffs' argument that the same claims apply to the 2nd District held by Rep. Troy Carter. The panel did not rule or set a date. If it sides with the plaintiffs, Louisiana could be ordered to redraw again, possibly leaving no majority-Black district New

Appeals court throws out DOJ's emergency bid to make California set aside ballots — A 9th Circuit panel dismissed DOJ's emergency appeal 2-1, finding the department appealed prematurely after giving Judge Carter 15 hours to act and contributed to its own urgency by waiting months to sue. Judge Mark Bennett questioned how a court could order steps "entirely inconsistent with the law the California Legislature has adopted"; Judge Gabriel Sanchez warned that new verification rules mid-election could confuse voters. Judge Patrick Bumatay dissented. California continues processing mail ballots New

Judge fast-tracks DOJ's suit over Alaska's Senate certification — U.S. District Judge Sharon Gleason noted that DOJ filed after Alaskans had begun voting and nearly four months after the Alaska Supreme Court's ballot ruling, and set a ruling on who may join the case for 5 p.m. Alaska time Oct. 28. The Peltola campaign and the DSCC have asked her to dismiss the suit, and on Oct. 27 the State of Alaska also sought dismissal. Gleason dismissed the suit on Nov. 1 New Corrected Nov 1

Appeals court hears DOJ's bid to hold 20,000 California mail ballots — In a rare Sunday argument, a 9th Circuit panel heard DOJ's emergency request to make California set aside mail ballots from about 20,000 people federal agencies flagged as likely noncitizens. Judge Mark Bennett, a Trump appointee, questioned whether the appeals court has jurisdiction before the trial court rules and said the Elections Clause gives states the power to handle noncitizen voting; Judge Gabriel Sanchez asked whether the demand unconstitutionally commandeers the state; Judge Patrick Bumatay suggested an injunction could bring clarity. No ruling yet. Judge David O. Carter holds his hearing in the trial court Oct. 27 New

Peltola campaign and Senate Democrats ask court to throw out DOJ's Alaska certification suit — Lawyers for Alaskans for Mary, the Peltola Senate campaign, and the Democratic Senatorial Campaign Committee asked U.S. District Judge Sharon Gleason to dismiss the Justice Department's suit seeking to block certification of Alaska's Senate race if Sen. Dan Sullivan loses, calling it "wholly baseless," and asked for a ruling before Election Day New

Maricopa County restores 24 citizens wrongly flagged as noncitizens — After court-ordered mediation in a suit by Arizona Attorney General Kris Mayes's office, Maricopa County Recorder Justin Heap restored to active status 24 voters whose registrations he had marked ineligible after using the federal SAVE database to flag suspected noncitizens; the court found their citizenship records sufficient. The complaint listed 25 voters, one of whom had already been restored. County Attorney Rachel Mitchell's office had found that 52 of the 60 flagged voters who cast ballots were eligible New

Utah dismissed — DOJ now 0 for 27 in court — Judge David Barlow, a Trump appointee, dismissed DOJ's suit for Utah's unredacted voter database with prejudice, ruling that a list the Lt. Governor's office itself creates and maintains does not 'come into' her possession under Title III of the Civil Rights Act. Courts have 'no warrant to elevate vague invocations of statutory purpose over the words Congress chose,' he wrote. Delaware is the only voter-data case still awaiting a district-court ruling; Hawaii and Idaho are on hold behind the 9th Circuit New

DOJ gives California county registrars 48 hours to set aside flagged ballots — Federal prosecutors sent letters to at least 18 county registrars, according to the Los Angeles County registrar (the New York Times reported all 58 counties), demanding they hold unprocessed the mail ballots of people on DOJ's list of suspected noncitizens and send each person's Social Security number, ID information and registration record. San Bernardino County's letter listed 1,133 names. The letters warned of criminal charges; First Assistant U.S. Attorney Bill Essayli wrote that knowingly processing noncitizen ballots is a federal crime under 18 U.S.C. 611. San Diego's registrar noted that voter eligibility is determined by the Secretary of State New Corrected Oct 29

DOJ sues Alaska to block certifying its Senate race if Sen. Sullivan loses — The suit asks a federal court to bar Alaska from certifying the result if Republican Sen. Dan Sullivan loses but would have won had votes for a same-named candidate, Daniel J. Sullivan, been counted for him, arguing certification would violate the National Voter Registration Act. Alaska courts had allowed the second Sullivan to stay on the ballot. Trump told reporters, 'I'm the one that said do it.' The same day, Attorney General Todd Blanche said DOJ would act on certification only in a 'doomsday scenario' and did not rule out suing more states New

Supreme Court lets New Hampshire bar student IDs on Nov 3 — In an unsigned order, the Court stayed Judge Joseph Laplante's ruling that let election officials consider student IDs as evidence of identity, holding that "lower federal courts should ordinarily not alter the election rules on the eve of an election." Secretary of State David Scanlan's directive barring any consideration of student IDs now applies for November. Justice Ketanji Brown Jackson dissented, writing that the lower court's order kept officials from misleading voters about what the law allows New

Judge bars DHS door-knocking operations on suspected noncitizen voters in nine states — Judge Araceli Martinez-Olguin found that Homeland Security Investigations agents visiting homes to ask residents about their citizenship and voting likely violates the Voting Rights Act's ban on intimidating people who help others vote, and cited a 'high likelihood of error' in how the target lists were built. The order covers nine states including California and New York, runs until polls close on Election Day, and was stayed until 5 p.m. Oct 23 so the government could appeal; DOJ asked the 9th Circuit to pause it on Oct 27. The plaintiffs include the California Nurses Association and National Nurses United New Corrected Oct 29

California ballot case reassigned to Judge Carter; DOJ asks the 9th Circuit to step in — DOJ's suit to stop California and Los Angeles County from counting mail ballots from about 20,000 voters it calls 'likely noncitizens' moved from Judge John Holcomb, a Trump nominee, to Judge David O. Carter as related to the earlier voter-roll case he dismissed in January. DOJ then asked the 9th Circuit to intervene before Carter rules. California and Los Angeles County call DOJ's list unverified and say federal law bars systematic removals within 90 days of an election New

Democrats sue to stop threats against election officials; Arlington, Va. sues over armed agents — Senate Democratic Leader Chuck Schumer, House Democratic Leader Hakeem Jeffries, three national Democratic committees, the Nevada Democratic Party, and a naturalized California voter sued Trump, Blanche, DHS Secretary Markwayne Mullin, DOJ, and DHS in federal court in Washington under the Voting Rights Act's voter-intimidation provision, asking the court to bar threats of prosecution against election officials and pressure on states to purge rolls. The complaint cites DHS's claim that up to 15,903 Nevada voters were noncitizens, later cut to 185, all of whom Nevada says are citizens. Separately, Arlington County, Virginia sued to keep armed federal agents away from its polling places New

Border Patrol agents appear at two Florida early-voting sites — Two Customs and Border Protection vehicles parked for about 10 minutes at Leon County's busiest early-voting site on Oct 19; the sheriff and FBI found the agents, who were being transferred out of state, had stopped to ask whether they could vote there, and Supervisor Mark Earley called it an 'isolated instance.' On Oct 20, Border Patrol agents made an immigration arrest in a lot next to a Key Largo polling site in Monroe County; the supervisor of elections is investigating. Federal law bars armed federal officers at polling places New

DOJ begins notifying counties to expect Nov 3 election monitors — The Civil Rights Division told Adams County, Colo.; Hennepin and Ramsey counties, Minn.; King County, Wash.; Miami-Dade County, Fla.; and seven Texas counties that it will send monitors, part of the 1,000 observers Assistant Attorney General Harmeet Dhillon has said DOJ plans to deploy. Adams County's clerk called the choice possibly "politically motivated." State officials in three states said they were not told at the same time as their counties, breaking past practice. Minnesota denied monitors close access during its August primary. On Oct. 22, DOJ also told Pennsylvania it will send monitors to Philadelphia, Allegheny, Luzerne and Lehigh counties, and Utah Lt. Gov. Deidre Henderson said Salt Lake County will get monitors New Corrected Nov 1

Federal judge lets North Carolina's new absentee-ballot rules stand — Judge Thomas D. Schroeder denied a preliminary injunction sought by the North Carolina Alliance for Retired Americans, North Carolina Asian Americans Together, Down Home North Carolina and two voters against the State Board of Elections' Sept. 4 party-line rules requiring signature verification and rejecting ballots returned in an unsealed inner envelope. He found the rules not an undue burden and faulted the plaintiffs' 18-day delay in filing. County boards must send a new ballot to any voter whose ballot arrives unsealed; the board said 31,582 absentee ballots had already been cast under the rules New

DOJ charges 28 California green-card holders with voting crimes; seeks emergency order on 20,000 ballots — Federal prosecutors charged 28 lawful permanent residents from Los Angeles County to Sacramento with registering or voting illegally; 22 are accused of voting in at least one election. First Assistant U.S. Attorney Bill Essayli said about 113 noncitizens in 20 states have been charged in two months, and warned that election officials who knowingly process noncitizen ballots after notice could face charges. AG Rob Bonta: '28 out of 23 million registered voters in California is a drop in the bucket numerically.' DOJ also moved for an emergency order segregating the roughly 20,000 ballots New

DOJ warns Los Angeles County ballot counters of prosecution; Trump: 'They will all go to jail' — Acting Deputy Attorney General Trent McCotter wrote to Los Angeles County that officials who knowingly count ballots from people federal agencies flagged as noncitizens 'risk becoming aiders and abettors to a federal crime.' Trump shared the letter on Truth Social, writing, 'They will all go to jail for a long period of time.' California refused DOJ's 48-hour demand to review a USB drive of about 20,000 names, calling the list unsubstantiated. County Clerk Dean Logan: 'We cannot withhold or refuse to count ballots based solely on unverified allegations' New

DOJ appeals the ruling that struck down its voter-roll program and asks to keep running it — DOJ appealed Judge Sparkle Sooknanan's Oct 9 ruling to the D.C. Circuit and asked for a stay. Common Cause and CREW told the court that DOJ's Oct 13 letters to California and its Oct 15 suit appear to violate the ruling; DOJ says the order covers only the SAVE database and that DHS used other federal data for the California list New

NAACP sues to block DOJ's plan for 1,000 poll monitors — The NAACP, with Advancement Project lawyers, filed suit in federal court in Washington under the Voting Rights Act's voter-intimidation provision, asking the court to block the Justice Department's planned deployment of 1,000 election monitors and to order DOJ to disclose the jurisdictions it is targeting. The suit argues no federal statute authorizes the monitoring. This is separate from the NAACP's Oct. 2 records suit New

Senate Democrats ask Blanche to rule out seizing ballots — Sens. Alex Padilla, Dick Durbin and Sheldon Whitehouse wrote Attorney General Todd Blanche asking DOJ to publicly reaffirm its election non-interference policy and commit that it will not seize ballots, voting equipment or other election materials before the 2026 midterms are certified, with written answers to five questions due Oct. 29 New

Nebraska Supreme Court upholds overseas-voter law against RNC challenge — In a 6-1 unsigned opinion, the court rejected the Republican National Committee's claim that a 2005 law letting U.S. citizens who have never lived in Nebraska register where a parent is registered violates the state constitution's residency requirement. The court held the RNC failed to show the law is unconstitutional in every application and found the RNC itself lacked standing. As of July, 116 voters were registered under the law New

DOJ sues California to block counting of mail ballots from people it calls likely noncitizens — After its noon deadline passed, DOJ filed United States v. California (C.D. Cal. No. 2:26-cv-12025) against the state, Secretary of State Shirley Weber, and Los Angeles County Registrar-Recorder/County Clerk Dean Logan, both officials sued in their official capacities. The complaint says USCIS and Homeland Security Investigations matched California voter data against immigration records and flagged more than 20,000 people as likely noncitizens. Its single claim is that counting those voters' ballots after federal notice would violate the Supremacy Clause, because federal law bars noncitizens from voting in federal elections. DOJ asks the court to declare California's actions preempted and to issue preliminary and permanent injunctions barring the state from counting, in federal elections, mail ballots from the people on its list until their citizenship is verified. In a filing the same day, California's lawyers wrote that the claim is made "based upon no evidence." Mi Familia en Acción and the Services, Immigrant Rights and Education Network asked to join the case as defendants. No ruling yet

Voting and privacy groups sue DHS over voter files from at least 47 states — In League of Women Voters v. DHS (D.D.C. No. 1:26-cv-03602), the League of Women Voters, the Electronic Privacy Information Center, and LULAC, represented by Democracy Forward and Citizens for Responsibility and Ethics in Washington, challenge what they call DHS's "Voter Data Collection Policy." The complaint says DHS has obtained and is processing voter files from at least 47 states, has added information bought from commercial vendors, and never published the public notice the Privacy Act requires. It asks the court to declare the policy unlawful under the Privacy Act, the Paperwork Reduction Act, and the Administrative Procedure Act, set it aside, and order DHS to delete the data and stop using it, including sharing it with DOJ. ICE, Homeland Security Investigations, and USCIS are also defendants

Suspicious letters, some with white powder, reach election officials in at least 33 states — The FBI and the U.S. Postal Inspection Service said Oct 15 they are investigating "a series of suspicious mailings" sent to addresses that include secretary of state and election offices, and that "some of the letters contained an unknown substance." Louisiana's Elections Division and Oklahoma's State Election Board evacuated after staff opened mail containing white powder on Oct 13. The Wisconsin Elections Commission received a suspicious mail piece Oct 14. On Oct 15 Arizona Secretary of State Adrian Fontes's office was evacuated after a letter filled with white powder arrived, and Delaware's Department of Elections opened a letter containing a white powdery substance. Letters addressed to officials in several other states were intercepted before delivery. Louisiana's and Wisconsin's tests found nothing harmful, and no injuries have been reported. By Oct. 20, WIRED had reported letters reaching officials in 32 states, and Kentucky's Board of Elections said it had received one, making at least 33. Many carried a New York City return address listing the Democratic Socialists of America, which denies involvement, and a Dallas postmark; the Postal Inspection Service believes more than 700 were mailed Corrected Nov 1

New Hampshire asks the Supreme Court to block student IDs at the polls — After the 1st Circuit refused to stay Judge Joseph Laplante's Oct. 2 ruling allowing limited use of student IDs, Secretary of State David Scanlan's office asked Justice Ketanji Brown Jackson for an immediate administrative stay. The Coalition for Open Democracy filed its opposition Oct. 19, arguing a stay would reverse the rules for the second time in a month. On Oct. 22 the Supreme Court granted the stay New

Second Texas registration backlog: 15,000 records held up by a texas.gov error — The Secretary of State's office disclosed that an address-validation error on texas.gov delayed name and address updates submitted since Sept. 1; it later said it sent 15,000 records back to counties, which had to verify which were submitted by the Oct. 5 deadline before early voting opened Oct. 19. Bastrop County reported 30 of its 70 affected records arrived incomplete New

Appeals court lets New Hampshire election officials consider student IDs — In Coalition for Open Democracy v. Scanlan (1st Cir. No. 26-2132), a 1st Circuit panel refused to pause the district court order that blocked the Secretary of State's directive barring student IDs under the law's "safety valve" process, which lets a voter without accepted ID show other evidence of identity. Judge Dunlap would have granted the state's request. HB 323, which removed student IDs from the list of accepted voter IDs, stays in effect

DOJ gives California 48 hours to act on a list of suspected noncitizen voters — Acting Deputy Attorney General Trent McCotter wrote to Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan demanding that officials review a list of people DOJ believes are likely noncitizens, withhold ballots from those not yet sent one, and set aside, not count, ballots already returned until citizenship is confirmed. The letters say DOJ will seek emergency relief if officials do not comply by noon Oct 15. The list came on a password-protected thumb drive that Los Angeles County says it has not opened because it does not consider the device secure; Weber's office says it never received the list. The letters do not say how the names were identified

Judge refuses to restore Tarrant County's 92 cut polling sites — State District Judge J. Patrick Gallagher denied a temporary injunction sought by Fort Worth council member Deborah Peoples and three other voters, who sued Oct 2 arguing the cuts fall hardest on Black and Hispanic voters. He gave no reasons and did not dismiss the case. The county will use 224 Election Day sites, down from 316 in 2022, and 47 early-voting sites, down from 50. Early voting begins Oct 19

Judge lets Ocean County, New Jersey continue its residency probe of Bay Head voters — Superior Court Judge Robert Lougy denied emergency relief to the League of Women Voters of New Jersey and three voters, represented by the ACLU of New Jersey and Harvard's Election Law Clinic. Their Oct 8 suit, which they describe as the first under the state's new Voting Rights Act, says the county election board sent residency questionnaires to Democratic and unaffiliated voters named on a list from the borough's Republican council president while leaving Republicans in the same situation alone. The judge wrote that the board "lacks any authority to adjudicate the voters' eligibility or remove voters from the rolls" unless voters ask to be removed. The case continues

Judge strikes down DOJ's nationwide voter-roll program — In Common Cause v. DOJ, Judge Sparkle Sooknanan (D.D.C.) vacated the Civil Rights Division's "Voter List Maintenance Policy," under which DOJ demanded state voter rolls, ran them through DHS's SAVE citizenship database, and urged states to remove voters it flagged. She held that no federal statute authorizes the policy, that it is arbitrary and capricious, and that it violates the Privacy Act and the Paperwork Reduction Act. CBS News reports the ruling also covers voter files DOJ already holds. The ruling does not stop states from maintaining their own rolls, and it is separate from her June SAVE ruling, which the Supreme Court paused Sep 25. DOJ says it is reviewing the decision

Voting groups sue Texas over the 500,000-record DPS registration backlog — The League of Women Voters of Texas and MOVE Texas Civic Fund, parties to the state's 2021 registration settlement, sued the Department of Public Safety and the Secretary of State in Bexar County district court to enforce it, asking the court to order a working registration process, records on the failure, and proof of compliance within a month. The backlog, caused by a DPS software update, reaches back to October 2025 New

ICE records show investigators took in about 99 million voter records — In 166 pages of Homeland Security Investigations records released by Democracy Forward, a June 1 report says HSI ingested 50.6 million records from a Justice Department dataset and 48.4 million more that DHS senior counselor Heather Honey obtained from unnamed "independent sources." HSI reviewed dozens of voter-registration nonprofits in Pennsylvania, New Jersey, and other states, and a June report said officials were exploring the use of undercover agents. CNN reports many of the reviews found no evidence of wrongdoing. The documents reference plans to load state voter-roll data into a Palantir tool; Palantir says voter-roll data was never added. DHS says it has been "incredibly transparent" about acquiring publicly available voter files

Lawsuit over armed federal agents at polling places adds Hennepin County, the FBI, and DOJ — The amended complaint in LULAC v. DHS (D.D.C.) adds Hennepin County, Minnesota as a plaintiff alongside Denver, names DOJ, the FBI, FBI Director Kash Patel, and Attorney General Todd Blanche as defendants, and adds a Voting Rights Act claim against voter intimidation

Montana judge strikes down birth-year rule for absentee ballot envelopes — Lewis and Clark County District Judge Mike Menahan ruled unconstitutional the 2025 requirement that voters write their birth year on absentee return envelopes, finding the state offered no evidence it prevents fraud. The ruling says nearly 6,000 voters have been affected. Envelopes missing a birth year will not be rejected in November. Disability Rights Montana and Big Sky 55+ brought the suit

Supreme Court sends Washington's Yakima Valley map case back under Callais — In Trevino v. Hobbs, the Court vacated Ninth Circuit rulings that upheld a remedial legislative map, drawn after a federal court found the old Legislative District 15 diluted Latino voting strength, and ordered review under Louisiana v. Callais. The order does not decide the merits

Georgia board leaders say director's letters to DOJ and DHS went beyond what they approved — Executive Director James Mills's Sep 30 letters ask DOJ to bar QR-code ballot tabulation, set a binding six-month deadline for Georgia to replace it, compel a software update before November, and investigate Secretary of State Brad Raffensperger's office over alleged altering or withholding of election records. Board chair John Fervier told Votebeat the letters "far exceeded" the Sep 28 resolution, and member Salleigh Grubbs, who voted for it, said she did not intend to authorize those demands. The Georgia Association of Voter Registration and Election Officials has asked the board to rescind the request. Early voting began Oct 13

Shasta County, California destroys its 2024 ballots — The county shredded its November 2024 ballots and election materials on Oct 3, after the required retention period ended Sep 5, as protesters first tried to block the shredding truck. A federal grand jury subpoena for the county's June 2026 primary ballots has been reported but not confirmed; the Justice Department would not comment

NAACP sues DOJ for records on its plan to send about 1,000 monitors to the polls — The records lawsuit follows a Sep 1 request that went unanswered. It seeks DOJ's legal authority for the deployment, the monitors' training and planned locations, and whether the FBI, ICE, or DHS will take part

Judge leaves New Hampshire's student-ID law in place but blocks a broader ban — Judge Joseph Laplante declined to block HB 323, the 2026 law that removed student IDs from the list of accepted voter identification, citing the principle that courts should not change voting rules close to an election. He did block the Secretary of State's April directive that student IDs could never be used under the law's "safety valve" process, finding it went beyond the statute, and ordered revised guidance for Nov 3. The state appealed. The Coalition for Open Democracy's challenge continues Corrected Oct 15

Federal judge in Florida rules the federal noncitizen-voting law unconstitutional in one case — Judge David Leibowitz (S.D. Fla.) dismissed a misdemeanor charge against Chelsea Cox, a Jamaican national accused of voting in Broward County in 2020, holding that 18 U.S.C. 611 is a voter-qualification law and that the Constitution does not let Congress set voter qualifications for federal elections. The ruling applies only to this case and does not bind other courts. DOJ has appealed to the 11th Circuit

DNC sues over Pentagon's emergency change to the overseas voter form — The suit (D.D.C.) challenges the Defense Department's removal of the Federal Post Card Application checkbox for U.S. citizens living abroad who have never lived in the country. OMB approved the change Aug 28 on an emergency basis, two days after receiving the request, without public notice and comment. The DNC says the change violates the Administrative Procedure Act. AP reports 38 states let some of these citizens vote

Georgia dismissed — DOJ now 0 for 26 in court — Judge Victoria Calvert ruled that federal law does not override Georgia's voter-privacy law and that the Civil Rights Act does not entitle DOJ to the state's unredacted voter roll. This was DOJ's second Georgia suit; the first was dismissed in January for being filed in the wrong court. No court at any level has ruled for DOJ

Georgia election board votes to seek DOJ and DHS help on voting machines — The State Election Board voted 3-2 to urge Secretary of State Brad Raffensperger to install pending Dominion software updates and directed its executive director to seek help from the Justice Department and DHS, including by assisting their review of the state's QR-code ballots, which DHS Secretary Markwayne Mullin raised in a Sep 2 letter to Attorney General Todd Blanche as a possible violation of federal law. Early voting begins Oct 13. Raffensperger's office: 'People who are serious about election security don't inject chaos in the 11th hour' Corrected Oct 6

Judge strikes election conditions from anti-terrorism grants — Judge Amir Ali (D.D.C.) vacated FEMA's rule withholding 20% of Homeland Security Grant Program funds unless states and localities checked voter rolls against DHS's SAVE citizenship database, hand-audited 5% of ballots, and moved to hand-marked ballots. He held Congress never authorized FEMA to use counterterrorism grants that way. The suit was brought by six counties and cities, including Harris and El Paso counties, Nashville, and Columbus. The separate 23-state suit is still pending, and DHS says it will impose new requirements

Supreme Court lets DHS resume expanded SAVE citizenship checks, 6-3 — In DHS v. League of Women Voters, the Court paused Judge Sparkle Sooknanan's June 22 ruling that the overhauled SAVE database violates federal privacy law, the Social Security Act, and the Administrative Procedure Act. States may again run bulk checks of their voter rolls against SAVE, which now draws on Social Security records, through November. The unsigned majority said the lower court's order 'inhibits the Federal Government's efforts to assist state and local agencies' in running elections. Justices Jackson, Sotomayor, and Kagan dissented

Judge requires 30 days' notice before DHS releases state citizenship lists — In EPIC's suit against DHS and the Social Security Administration, Judge Paula Xinis (D. Md.) ordered the government to notify the court 30 days before activating a portal or giving states the citizenship lists ordered by Trump's March executive order. A DOJ lawyer would not say whether the lists would be released before the midterms. The earliest possible release under the order is Oct 28, six days before Election Day

Supreme Court: Missouri votes under its 2022 map — In a unanimous unsigned order, the Court held that "the 2022 map — not the 2025 map — must be used in the 2026 congressional election." This ended a month of conflicting orders. The Missouri Supreme Court ruled Sep 3 that the 2025 map never took effect because of the citizen referendum. A federal judge (Sep 8) and the 8th Circuit (Sep 21) then ordered the 2025 map. In between, the state Supreme Court found Secretary of State Denny Hoskins in contempt (Sep 10) for following the federal order, and he reversed course the same day. Absentee voting had already begun. Voters decide the 2025 map as Proposition A on Nov 3

Texas: at least 200,000 voter registrations never reached counties — The Department of Public Safety failed to send counties registration applications and updates submitted through its online driver's-license portal, dating back to October 2025. DPS blamed a software update by a third-party vendor. The state says affected voters who do not appear on the rolls can cast a provisional ballot that will count once their registration is confirmed. Registration closed Oct 5

California Supreme Court orders sheriff to return 650,000 seized ballots — In a unanimous ruling, the court ordered Riverside County Sheriff Chad Bianco to return about 650,000 ballots his department seized from the November 2025 Proposition 50 special election to the county registrar and to stop handling them. In a companion ruling, it ordered him to follow the Attorney General's instruction to take no further action on his investigation

6th Circuit lets Ohio require proof of citizenship to register at the BMV — A 2-1 panel paused a district court order and let Ohio enforce HB 54, which allows BMV clerks to offer voter registration only after a driver's license application that requires documentary proof of citizenship. The ruling came less than two weeks before Ohio's Oct 5 registration deadline

U.S. does not invite OSCE observers to the midterms — The OSCE's election office (ODIHR) and Parliamentary Assembly said the United States did not invite them to observe the Nov 3 elections. They have observed 12 U.S. federal elections since 2002, including six midterms, and called the decision regrettable and out of line with commitments all OSCE members made in the 1990 Copenhagen Document

Voting groups sue over North Carolina's new absentee-ballot rules — In NC Alliance for Retired Americans v. NCSBE, filed in federal court (M.D.N.C.), three groups and two voters challenge rules the State Board adopted Sep 4, the day absentee ballots began going out. Under the rules, a ballot returned with an unsealed inner envelope must be spoiled and reissued when time remains, and counties must add a signature review

Washington dismissed — DOJ 0 for 25 — Judge Kymberly Evanson dismissed DOJ's voter-roll suit with prejudice, ruling the Civil Rights Act does not reach the state's voter list. Vermont's suit had been dismissed Sep 17

California expands its state Voting Rights Act — Gov. Newsom signed SB 1164 and SB 1360, which bar voter suppression and vote dilution, add a process to stop discriminatory voting changes before they take effect, and expand language access for voters with limited English. Per the NAACP Legal Defense Fund, California is the fourth state in 2026 to enact or expand a state VRA, after Maryland, New Jersey, and Delaware

Lawsuits seek to keep armed federal agents away from polling places — The NAACP, unions, and civil rights groups sued in Washington, D.C., under the Voting Rights Act's ban on voter intimidation, following a Sep 10 suit by Denver's clerk and LULAC citing federal law that makes it a crime to send armed federal officers to the polls. DHS says 'ICE is not planning operations targeting polling locations' but that it may still make targeted arrests

Supreme Court keeps USPS mail-ballot rule blocked for the midterms — The Court denied DOJ's emergency request, finding the government "unlikely to succeed on the merits" of its challenge to Judge Talwani's injunction. Justices Alito and Thomas dissented. Justice Kavanaugh concurred, writing that applying the rule in 2026 would be arbitrary and capricious because election officials do not have time to implement it. A second judge, Carl Nichols in Washington, D.C., a Trump appointee, had separately blocked the rule on Sep 13, and the 1st Circuit refused to lift Talwani's injunction on Sep 10

DOJ warns election officials of "criminal sanctions" over 2024 records — Letters from Voting Section acting chief Eric Neff, made public Sep 10, ordered the 29 states and D.C. that DOJ is suing for voter data to preserve 2024 election records. The letters warn that failure "may constitute spoliation of evidence" that could bring "civil and criminal sanctions." Utah's Republican Lt. Gov. Deidre Henderson said DOJ should "focus on actual problems instead of baselessly harassing election officials"

Judge blocks USPS mail-ballot rule through the November election — Judge Talwani converted her Aug 27 order into a preliminary injunction in suits by 23 states plus D.C. and by voting-rights groups, finding that "immediate implementation of the Final Rule issued less than seventy days before the November 2026 election threatens disenfranchisement of millions of United States citizens who seek to vote by mail." North Carolina began mailing absentee ballots the same day, the first state to do so

Maryland's redistricting question goes back on the ballot, rewritten — The Supreme Court of Maryland overturned lower-court orders that had blocked Question 3, but found the legislature's ballot wording misleading and replaced it with the purpose paragraph from the bill itself. Justice Steven Gould dissented, joined by Senior Justice Glenn Harrell. The amendment would let the General Assembly give the state Supreme Court original jurisdiction over congressional maps and would state that the Maryland Constitution sets no criteria for congressional districts

Michigan citizenship-verification amendment stays off the ballot — The U.S. Supreme Court and the Michigan Supreme Court both rejected the campaign's requests on Sep 3. The state Board of State Canvassers had deadlocked 2-2 along party lines on certifying it Aug 24, and the Michigan court held certification was within the board's discretion. The amendment would have required voters to prove citizenship to vote a full ballot, creating two separate voter rolls

Tarrant County, Texas cuts 92 Election Day polling sites — Commissioners voted 3-2 along party lines, with County Judge Tim O'Hare and Commissioners Matt Krause and Manny Ramirez in favor, to drop from 316 Election Day sites in the 2022 midterms to 224 this November, in a county of more than 1.3 million registered voters. Early voting sites drop from 50 to 47