Unions representing election workers, nonprofit voter organizations challenge DOJ’s attempt to intimidate and coerce election workers into disenfranchising eligible voters.  

A coalition of unions, voting, civil rights, and immigrants rights groups sued the U.S. Departments of Justice (DOJ) and Homeland Security (DHS) to stop the administration’s escalating efforts to intimidate election workers and interfere with state administration of the upcoming midterm elections. The groups also asked the court to issue a temporary restraining order blocking the DOJ from further actions until the suit is resolved. 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.

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

On Oct. 28, a federal judge roundly 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 reportedly opening a criminal investigation, “issuing grand jury subpoenas to local election officials,” and sending letters to all 50 states warning them that they could be criminally prosecuted for violating federal election laws. 

The plaintiffs in the newly filed litigation are Service Employees International Union (SEIU); American Federation Of State, County and Municipal Employees (AFSCME), the League Of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP). They are represented by Altshuler Berzon LLP, Democracy Defenders Fund, Protect Democracy, and the Legal Defense Fund.

“No one should go to work fearing that doing their job could land them in jail. Election workers deserve to feel safe and respected while making sure every eligible voter can cast a ballot and have it counted,” said SEIU International President April Verrett. “SEIU represents more than 3,000 workers across the country who help run elections. They’re our family, neighbors and friends, putting in long hours to make sure our elections are safe. We will not stand by while the DOJ threatens our members and our democracy, and targets communities because of their race or how they vote. Voters—and voters alone—will decide our elections. We will not be intimidated.”

“The current DOJ is attempting to use the levers of our nation’s legal system to threaten and intimidate local election officials in an attempt to disrupt our free and democratic elections,” said Kristen Clarke, General Counsel of the NAACP. “As it has for over a century, the NAACP is taking a stand to protect the fundamental right to vote.”

“AFSCME members in California and many other states are proud to serve their communities as election workers, carrying out their nonpartisan civil service faithfully to help ensure free and fair elections for our democracy. They deserve better than threats of criminal prosecution from this administration simply for following the law. It’s essential that the court acts to ensure that elections workers can do their jobs without these threats hanging over their heads. Our democracy and futures depend on it,” said AFSCME President Patrick Moran.

“The Trump administration is threatening California election workers with criminal prosecution to frighten them into setting aside ballots cast by registered voters,” said Juan Proaño, CEO of LULAC. “Latino voters have seen governments draw up lists of supposed noncitizens before, and those lists have swept up eligible citizens and cost them their votes. LULAC is in court so every eligible Californian’s ballot gets counted and the people who process those ballots can do their jobs without fear.”

“The hard-working civil servants who administer elections for state and local governments across the country do not deserve to be threatened with criminal prosecution for doing their jobs according to state and federal law, and the U.S. Constitution,” said Danielle Leonard, Altshuler Berzon LLP. “We are asking the Court to apply the law and protect these important workers and voters from these unlawful actions.”

“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.” 

“Voter intimidation, including threats made against election officials, is not only reprehensible, but also downright illegal,” said John Cusick, Assistant Counsel at the Legal Defense Fund. “We are witnessing a coordinated campaign to pressure civil servants into knowingly disenfranchising eligible voters. When election officials are forced to carry out their duties under the threat of frivolous and malicious prosecution simply for doing their jobs, it hurts voters and it hurts democracy.”

“Two federal courts have already shut down their efforts to set aside the ballots of 20,000 California voters without any credible reason, and now the administration is coming after the folks on the front lines,” said Tianna Mays, legal director for Democracy Defenders Fund. “These election workers are just doing their jobs and we will stand with them against these unwarranted and unlawful attacks.”

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. 

As the 2026 midterm election approached, and in recent weeks and days, as states and counties began administering the election, Defendants’ efforts escalated dramatically. Defendants sent states and counties new lists of names of voters whom Defendants assert are registered to vote but “likely” ineligible non-citizens.

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.