DOJ downplays voter roll threats to states to fend off Democrats’ election interference lawsuit

By Andrew Childers

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The ballot scanning room at the Orange County Registrar of Voters Facility in Santa Ana, Calif., is seen on Oct. 28, 2026. (Photo by Apu Gomes/Getty Images)
The ballot scanning room at the Orange County Registrar of Voters Facility in Santa Ana, Calif., is seen on Oct. 28, 2026. (Photo by Apu Gomes/Getty Images)

The letters the Department of Justice (DOJ) sent to states claiming to have identified thousands of alleged illegal voters on their rolls and threatening legal action have no real effect, the Trump administration argued in a bid to block an election interference lawsuit filed by Democrats*.

Democrats are asking a federal judge in Washington, D.C., for a restraining order barring the Trump administration from interfering in states’ ability to conduct the midterms. The administration has already demanded California and Washington set aside ballots from “likely” noncitizens and preemptively sued Alaska to stop the state from certifying the U.S. Senate results if the Republican incumbent loses.

In response, DOJ now argues that the letters it sent to states “have no independent legal effect” and therefore Democrats have no standing to bring their lawsuit. DOJ argues Democrats aren’t harmed by the letters because they cannot force states to take any action without a court order.

DOJ has already sued California in an attempt to force it to set aside 20,000 ballots and has hinted it has identified another 17,000 people it claims are noncitizens illegally registered to vote in the state. The request came after California already mailed out ballots to voters.

“The letters do not themselves change any voter’s registration status, withhold a ballot, or alter ballot tabulation,” DOJ argued.

Even if the states were to follow through with DOJ’s requests, it argues, the letters only ask that states set aside ballots from noncitizens who improperly registered to vote. No legal and eligible voters would be affected, DOJ claims.

However, DOJ’s lists have proven to be riddled with errors so far. Washington Secretary of State Steve Hobbs (D) said in a letter to DOJ that the list it received was “unreliable” and featured the names of several citizens.

U.S. District Judge James Boasberg has already scheduled a Thursday hearing on the Democrats’ request for a temporary restraining order. 

*The Elias Law Group (ELG) represents the Democrats in this case. ELG Firm Chair Marc Elias is the founder of Democracy Docket.