State of California

Threatening California Election Workers Challenge

Service Employees International Union v. U.S. Department of Justice

A pro-voting lawsuit against the U.S. Department of Justice for threats to state and local election workers.

Background

Unions representing election administration workers throughout California sued the U.S. Department of Justice (DOJ) and the Department of Homeland Security (DHS) over “unprecedented and unlawful threats to state and local election workers.” The lawsuit argues that the threats of prosecution by DOJ and DHS are part of an effort by the federal government to interfere in the 2026 midterm elections. This comes after the DOJ issues criminal subpoenas to state and local officials, alleging that they are unlawfully facilitating noncitizen voting in the midterm elections. Plaintiffs argue these threats violate the Voting Rights Act, the Administrative Procedure Act and the U.S. Constitution. They ask the court to enjoin the defendants from threatening elections officials or demanding they take actions to segregate ballots.

Why it matters:

With just a week before the 2026 midterms, it was reported that the DOJ opened a criminal investigation into local election officials, issuing more than 100 subpoenas seeking voter records across many states. The plaintiffs warn “these mob-style intimidation tactics by our nation’s top law enforcement officials are just the latest in the Trump administration’s ongoing efforts to disenfranchise voters, disrupt the election, and prevent state and local election officials from doing their jobs.”

Latest Updates:

  • Oct. 31, 2026: The DOJ appealed to the 9th Circuit.
  • Oct. 30, 2026: The court granted the temporary restraining order.
  • Oct. 29, 2026: Plaintiffs filed their complaint.

Case Documents