SEIU v. DOJ

On behalf of a coalition of voting rights groups, civil rights groups, and unions representing election workers, Protect Democracy and its partners are suing the Department of Justice (DOJ) and Department of Homeland Security to stop the Trump administration’s escalating efforts to intimidate election workers and interfere with state and local administration of the upcoming midterm elections. The lawsuit alleges that the administration’s threats violate a slew of federal laws, including prohibitions against efforts to “intimidate, coerce, or threaten” election workers.

“It’s illegal to intimidate, threaten, or coerce election workers or voters,” said Jared Davidson, Counsel & Program Lead of Free and Fair Elections for Protect Democracy. “That’s as true for federal law enforcement as it is for anyone else. 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.” 

The complaint, filed in the U.S. District Court for the Northern District of California, argues that the recent threats of prosecution by DOJ and DHS represent an escalation of a coordinated effort by the federal government to coerce election workers to stop processing and counting ballots cast by lawfully registered voters. 

The plaintiffs are asking the court to put a stop to the administration’s efforts to disqualify registered voters, end the campaign to intimidate election workers, and reassure public officials that they will not be prosecuted for faithfully carrying out their duties under state and federal election laws.

Co-counsel

• Altshuler Berzon LLP
• Democracy Defenders Fund 
• The Legal Defense Fund

Background

Background

In a letter on Oct. 13, Acting Deputy Attorney General Trent McCotter demanded that the California Secretary of State and Los Angeles County Registrar of Voters sequester the ballots of approximately 20,000 registered voters. When election officials refused, DOJ sued election officials in the state demanding the same relief in court. 

DOJ then followed that demand with similar letters to county officials across California and Washington State threatening the criminal prosecution of any election worker who participated in processing a ballot cast by people on their list of suspected ineligible voters.

On Oct. 28, a federal judge rejected the administration’s threats to election workers and effort to invalidate ballots from voters on its list, writing that it “would wreak havoc and disrupt the election that is already underway, create a chilling effect on election workers and voters alike, and discount the votes of United States citizens.” In that same ruling, the judge advised DOJ that “these threats must stop.”

Despite that warning, DOJ intensified its intimidation campaign by making further threatening statements. 

On Oct. 28, it was reported that DOJ had opened a criminal investigation and “issu[ed] grand jury subpoenas to local election officials.”

Plaintiffs

Plaintiffs

• The Service Employees International Union (SEIU)
• American Federation Of State, County and Municipal Employees, AFL-CIO (AFSCME)
• League Of United Latin American Citizens (LULAC)
• National Association for the Advancement of Colored People (NAACP)

Defendants

Defendants

• U.S. Department of Justice
• Todd Blanche, Attorney General 
• U.S. Department of Homeland Security
• Markwayne Mullin, Secretary of Homeland Security

Case documents

Case documents

Featured press

Featured press