DOJ points to legal losing streak in bid to toss out Democrats’ election interference lawsuit – Democracy Docket
By Matt Cohen
to see more of our voting rights news coverage when you search.
The Department of Justice (DOJ) made a baffling argument when it asked a federal judge to dismiss Democrats’ election interference lawsuit*: The department’s streak of bruising court losses proves that Democrats lack standing to bring the lawsuit because the Trump administration hasn’t successfully interfered with voting.
The DOJ is simultaneously claiming the letters it sent some states demanding they set aside ballots cast by people the Trump administration accuses of being noncitizens have no legal power on their own while waging an aggressive legal campaign to force states to comply.
In Washington, the Trump administration demanded the state set aside 400 ballots cast by suspected noncitizens. And in California, the administration is fighting tooth and nail to block the state from counting 20,000 ballots cast by voters it claims are “likely noncitizens.”
“California election officials refused to comply with DOJ’s letter, forcing the United States to go to an Article III court to seek relief—relief that, as of this date, the United States has not received,” the DOJ wrote in a filing late Sunday. “In other words, absent the intervention of a federal court, nothing will change with regard to any election procedures.”
The argument comes in response to a lawsuit filed last month by a coalition of Democratic groups, who sought to block the Trump administration from threatening state election officials with criminal prosecution during the midterms.
The plaintiffs in the case were the Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee, the Democratic Governors Association, and the Nevada State Democratic Party.
Join 350,000 readers who rely on our daily and weekly newsletters for the latest in voting, elections and democracy.
In their lawsuit, the Democrats argued that the Trump administration is supporting an “effort to unlawfully federalize elections” and threatening state officials that “they will all go to jail for a long period of time” if they do not comply with the Administration’s demands. The lawsuit was filed days after the DOJ sued California and Los Angeles County for refusing to set aside potential ballots cast by voters that the Trump administration suspects are noncitizens.
They asked a federal district judge to block the administration from threatening election officials and from directing states to remove registered voters from the rolls, withhold their ballots or refuse to count ballots they have cast.
At a hearing last week, District Court Judge James E. Boasberg, an appointee of President Barack Obama, questioned the Democratic plaintiffs’ standing to sue, and asked if they could show that there’s a concrete threat that the Trump administration would take similar action in other states as it did in California.
The DOJ sent letters to every state and Washington, D.C., telling state election chiefs to preserve ballots and other election records — and warning that willful violations of federal record-keeping law can carry criminal penalties. The Civil Rights Act of 1960 already requires states to preserve voting records for 22 months after elections.
In its Sunday filing, the DOJ argued that more than 30 states refused to hand over sensitive voter data and no court has sided with the Trump administration yet. That shows the Democrats have not been harmed and therefore lack standing to bring their lawsuit.
“Expedited discovery has now come and gone, and still, Plaintiffs offer nothing which suggests that States, localities, and courts have or will conduct themselves in a way that would materialize the asserted harm,” the DOJ said in its Sunday response. “To the contrary, State governments have refused to comply with the DOJ’s letters, and courts have to date denied the Federal Government emergency relief to enforce its interests.”
*The Elias Law Group (ELG) represents the Democrats in this case. ELG Firm Chair Marc Elias is the founder of Democracy Docket.
We depend on your support to keep bringing you the latest information and insight on the fight for democracy — always free and available for all. After all, we can’t fight for the future of our democracy unless we know what’s happening.
Democracy Docket is the leading digital news platform dedicated to information, analysis and opinion about voting rights and elections in the courts.
© Democracy Docket, LLC 2026
