Court sides with DOJ in fight over pressuring election officials

Zoe Tillman and Greg Stohr, Bloomberg News on Nov 3, 2026

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WASHINGTON — A federal appeals court sided with the Trump administration in a fast-moving election fight, lifting a ruling that barred the Justice Department from threatening state and local election officials with prosecution if they count disputed ballots.

In a decision on Tuesday, the 9th U.S. Circuit Court of Appeals halted a judge’s order imposing sweeping limits on the ability of federal agencies to intervene in the elections, which are run by the states.

The latest appeals court ruling would allow the administration to potentially resume some of its most controversial election-related activities, although it remains blocked from taking certain actions related to the election under other court orders. A Monday order by a Washington judge, for instance, barred the administration from sending lists of potential noncitizens to state and local officials.

Tuesday’s order followed a blitz of activity before the appeals court in the run-up to Election Day. A three-judge panel had initially sided with the Justice Department in a 2-1 order on Monday evening, but within hours that was set aside after a larger panel of circuit judges voted to reconsider the dispute.

When the larger panel handed down its final decision Tuesday afternoon, however, the Trump administration prevailed in a 6-5 vote.

Ahead of Election Day, U.S. courts have ruled in a string of last-minute legal fights — some of which address similar legal claims — concerning moves by the administration to investigate allegations of noncitizen voting and compel state and local officials to act on information federal authorities say they’ve uncovered.

In the 9th Circuit case, the administration challenged an Oct. 30 order from U.S. District Judge Trina Thompson in San Francisco that limits what the federal agencies argue were efforts designed to bolster probes into potential illegal voting in U.S. elections by noncitizens. The order was requested by labor and civil rights groups.

California Attorney General Rob Bonta’s office did not immediately respond to a message seeking comment. Bonta’s office represented the state in a Justice Department lawsuit seeking to set aside the ballots of alleged noncitizens and has been highly critical of the DOJ’s ongoing effort.

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With assistance from Erik Larson.

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