A federal judge in California ruled on Wednesday against the Department of Homeland Security’s field campaign to find noncitizens registered to vote, largely blocking agents from carrying out field interviews in nine states, including California, The New York Times reports. The order does not take effect until Friday evening, a delay built in to give the government time to appeal.
The ruling, as analyzed from the opinion by the Election Law Blog, turns on Section 11(b) of the Voting Rights Act — the provision against intimidating voters — with the court finding the plaintiffs likely to succeed on that claim. The analysis stresses two things about how the operation was built: the faulty data behind the lists it worked from, and the risk that error-prone lists sweep U.S. citizens into the effort. In court filings, DHS and its investigative arm, HSI, have defended the field operations and the checks run before them.
The ruling lands eleven days before the November 3 midterm elections, with more than 20 million early ballots already cast nationwide.
The Facts
- The ruling: Wednesday, federal court in California (N.D. Cal.); field interviews largely blocked in nine states including California (The New York Times).
- The basis, per the Election Law Blog’s read of the opinion: Voting Rights Act §11(b) voter-intimidation claim likely to succeed; the court stressed the faulty data behind the operation.
- Timing: the order takes effect Friday evening to allow a government appeal.
- The government’s position in filings: DHS/HSI defend the operations and their pre-checks.
Sources: The New York Times; Election Law Blog; court filings (N.D. Cal.).
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