local election official

Justice Department can’t threaten election workers to stop processing ballots, judge rules

Safiyah Riddle, Geoff Mulvihill and Ali Swenson

A federal judge in California on Friday barred the Justice Department from threatening or coercing election workers to stop processing ballots.

The order issued by U.S. District Judge Trina L. Thompson in the Northern District of California was in response to a suit filed earlier Friday by labor unions seeking to bar the Justice Department from intimidating election workers.

Notably, the emergency order was issued without the Department of Justice weighing in on the case.

“Election Day is around the corner,” wrote Thompson, who was nominated by former President Biden. “Ballots have already been issued. Americans have already begun voting. Workers have already begun processing ballots. Given the consequences of inaction, the Court sees no reason to delay its ruling.”

It also bars the Justice Department from demanding local election officials segregate or not count ballots that the federal government deems may have been cast by ineligible voters.

“This ruling is a victory for the workers who make our elections possible and the communities they serve,” April Verrett, president of the Service Employees International Union, said in a statement Friday night.

The top federal prosecutor in Los Angeles, Bill Essayli, has warned that “any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy.”

On Thursday, the Associated Press obtained subpoenas issued to election officials in Los Angeles County. The subpoenas request any documents and communications related to letters sent in July and October by federal officials to state election officials outlining the allegations about noncitizen voters. They also seek any information about efforts to prevent noncitizen votes from being counted. At least three L.A. County election officials have been asked to appear before a grand jury the day after the election.

It is unclear whether the Justice Department intends to bring criminal charges against anyone. The department does not typically subpoena people whom it regards as targets of a criminal investigation to appear before a grand jury.

Outside groups win access to the disputed list

In another Friday ruling, another federal judge ordered the Trump administration to share the disputed list of names with lawyers for the Coalition for Humane Immigrant Rights and the UCLA Voting Rights Project. They want to examine who is on the list and assess its impact on eligible voters.

It will be the first time that a nongovernmental organization will have the opportunity to evaluate the merits of the list of some 20,000 names. The federal government promptly appealed the decision on Friday evening.

The Democratic candidate for California governor, Xavier Becerra, is an advisor to the UCLA Voting Rights Project.

The two groups sued the Homeland Security Department in early October to prevent it from using federal immigration data to challenge state voter rolls. The lawsuit cited examples in other states where the federal government’s data have been proven to mistakenly include thousands of citizens. It argued that the data-matching methods risk disenfranchising or deterring citizens from voting. On top of that, plaintiffs argued, the lists could disproportionately target naturalized citizens who are legally entitled to vote.

The Justice Department argues that there is just as much to lose if the ballots aren’t separated.

“Every ballot cast by an ineligible voter cancels out the vote of an American citizen,” Kiersten V. Pels, a spokesperson for the department, wrote in an email. “The Department makes no apology for protecting those votes.”

In a separate but related 9th Circuit Court decision on Friday, a panel of judges ruled that federal investigations into illegal voting by noncitizens will remain on hold in nine states until after election day.

The judges, all nominated by Democratic presidents, found that the aggressive and public investigations led some citizens to decide not to engage in election-related activities out of fear of being wrongly targeted.

The judges said the investigations, which are looking into alleged illegal voting in past elections, can resume after the midterms wrap up Tuesday.

Riddle, Mulvihill and Swenson write for the Associated Press. AP writer Swenson reported from New York; Mulvihill reported from Haddonfield, N.J.

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L.A. voters worry about outside influence in midterm elections, new poll finds

Los Angeles County voters are concerned about a host of voter fraud issues that could disrupt the Nov. 3 general election, even though they have a high degree of confidence in local elections officials, according to a new poll funded by the nonprofit California Community Foundation.

Nearly three-quarters of respondents expressed concern that false rumors and misleading information online could confuse voters or make them believe that their vote won’t count, the poll found. Other top concerns included politicians interfering with the election and mail-in ballots getting lost, stolen or delayed.

Still, most of the voters surveyed expressed confidence in the county’s handling of election proceedings, with 68% saying L.A. County does an excellent or good job at running elections and counting ballots.

Once presented with information about how the county handles elections, that number rose to 72%. Around three-quarters of respondents also believe that the upcoming election will be fair, secure and accurate, the poll found.

The online poll was conducted from Sept. 30 to Oct. 6 by Tulchin Research, a San Francisco-based public opinion firm. It surveyed 500 voters in L.A. County considered likely to cast ballots in the Nov. 3 election and has a margin of error of 4.4%.

“Voters feel good about the local officials running their elections. So, reinforcing the fact that that is who’s in charge of the election and how the process works is reassuring to folks,” said Ben Tulchin, the polling company’s president. “It … reduces their anxiety about some of the outside criticism that California, L.A. County faces.”

The poll was funded by the California Community Foundation, which awards millions of dollars in grants to local charitable groups, to support the “A Count You Can Trust Coalition,” an initiative aimed at enhancing trust in local elections.

Recent polling has suggested that potential federal interference in the Nov. 3 election is a top concern statewide for California voters. The local poll was administered to shed light on how L.A. County voters feel, said former Los Angeles Mayor Antonio Villaraigosa, who co-chairs the A Count You Can Trust group with Miguel Santana, who leads the California Community Foundation.

“This is the epicenter of the California vote,” Villaraigosa said. “The concern is not as great as it is statewide. Here in L.A. County, people seem to trust the vote to a greater degree.”

A recent poll by the UC Berkeley Institute of Governmental Studies, co-sponsored by The Times, found that 61% of California voters identified interference by the Trump administration as a “major concern.” President Trump has fueled doubts over election integrity, spreading unverified claims of widespread voter fraud in blue states such as California.

Young voters and Latino voters expressed the lowest levels of confidence in how the county runs elections, the new poll found. The findings suggest those demographics need “a lot more reassurance” that elections are safe and that their votes matter, Tulchin said.

“It’s not surprising at all, and it means we’ve got work to do,” Villaraigosa said. “We got a lot of work to do to communicate to those people and to make it clear that, in fact, this vote can be trusted.”

Villaraigosa said he plans to focus his efforts on social media engagement and creating video content with poll workers to speak on how vote-counting works in the county.

The poll also asked respondents whether “things in Los Angeles County are going in the right direction or do you feel things have gotten pretty seriously off on the wrong track?” Most — 62% — said wrong track, and 26% said right direction.

Among voter concerns in the upcoming election, 18% listed the economy, the cost of living and inflation as their biggest worry, followed by election integrity, fraud and interference at 17% of respondents. Concerns about Republicans and Trump “winning or retaining power” came in third, with 16% of respondents saying that is their biggest concern.

Homelessness and immigration, two issues that have been prominent the L.A. mayoral race between incumbent Karen Bass and Councilmember Nithya Raman, ranked low in the list of concerns for the surveyed voters. Tulchin noted that the focus of the survey was on election integrity, which could have had an effect on what issues were top of mind of respondents.

The survey findings indicate that L.A. County voters seem to trust the county more than voters statewide. Still, just over 30% of surveyed voters have a fair or poor view of how the county runs elections, Villaraigosa said.

“They’re concerned, but what we found in this poll is that there are a number of people who, while concerned, do trust this county,” he said.

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