Election worker threats must ‘cease immediately,’ judge tells DOJ ahead of crucial California voter ruling

A federal judge who will soon rule on the Department of Justice (DOJ)’s emergency request to stop California from processing more than 20,000 ballots from people the federal government suspects may be noncitizens concluded a pivotal hearing Tuesday with a pointed warning for the Trump administration.

“This court believes that it would be wise that any threats to state and county election employees cease immediately,” U.S. District Judge David Carter told the DOJ, which was being represented in court by First Assistant U.S. Attorney Bill Essayli.

Essayli, who was disqualified from his post by a different judge as arguments in the California case wrapped up, has repeatedly threatened to prosecute election officials if they don’t meet the DOJ’s demands to set aside ballots until the voters’ citizenship status is confirmed. 

Just last week, he posted on X: “Knowingly processing noncitizen ballots is a federal crime under 18 U.S.C. §§ 611 and 2. We will hold election officials accountable. No one is above the law.”

Earlier this year, the Trump administration issued a similar threat to election officials in all 50 states.

But 18 U.S.C. § 611 is a criminal statute aimed at individual voters that makes noncitizen voting in federal elections a misdemeanor. It does not apply to election workers.

In Tuesday’s hearing, California Deputy Attorney General Michael Cohen criticized the Trump administration for “distort[ing] several legal doctrines beyond recognition” – including Section 611, which he noted “has nothing to do with election administration.”

“The executive has suddenly struck upon a suggestion of unlawful voting using data and methods known to be unreliable … They still won’t even tell us how the list was generated,” Cohen said. “The executive is now bullying counties across California to work closely with federal agencies to investigate further, or else suffer litigation and even prosecution.”

DOJ sued California on Oct. 15, more than a week after mail ballots were sent to all registered voters, demanding it set aside 20,000 ballots from alleged noncitizens after the state refused to voluntarily sequester those votes.

The federal government is seeking a temporary restraining order to prevent California from counting those ballots. Carter, who appeared skeptical of the request at a Tuesday hearing, said he will rule on the request Wednesday.