Justice Department Intervenes in Midterm Elections

Voters in California and Alaska face direct federal intervention as the Justice Department moves to alter election outcomes on November 3. This action departs from a long-standing practice of waiting until results are certified, creating immediate legal and procedural hurdles for state election officials.

In California, the Justice Department is attempting to invalidate mail-in ballots from approximately 20,000 voters. The department alleges these individuals are likely non-US citizens, a status that prohibits them from voting under federal law. California officials state they have already implemented measures to prevent noncitizen voting and argue the Justice Department lacks the authority to block specific ballots.

The situation in Alaska involves a criminal investigation into whether Democratic candidate Mary Peltola’s campaign recruited Daniel J. Sullivan, a retired teacher with the same name as Republican incumbent Dan Sullivan. The Justice Department sought to halt certification if the race ended in a narrow loss for the incumbent, suggesting voter confusion may have affected the result. US District Judge Sharon Gleason dismissed that lawsuit on Sunday, ruling that Alaska could not conduct such a probe while preserving ballot secrecy.

The department has appealed the Alaska decision. Critics argue these actions allow President Donald Trump to sow doubt about the midterms, which will determine control of Congress and dozens of governorships. Mark Blumberg, a former DOJ election response lead and founder of the Rule of Law Project, stated that the administration wants the department to have an impact that was previously prohibited.

Acting Attorney General Todd Blanche defends the efforts as lawful measures to protect vote integrity. Department spokesperson Kiersten Pels said, “The Department isn’t helping any campaign. It’s enforcing the law.” However, legal experts note that historical Justice Department interventions focused on ensuring minority and vulnerable populations could vote without impediment, rather than challenging state certification processes.

Internal changes at the department have facilitated this shift. The administration has reduced the size of the Public Integrity Section, which is staffed by career experts on election law. A requirement for federal prosecutors to consult that unit before acting has been suspended. Instead, three people familiar with the matter say agents and prosecutors are told that unresolved issues will be decided by Trump political appointees.

The Deputy Attorney General’s Office will now mediate disputes between agents and prosecutors, a role former officials say it rarely played. This structure bypasses the traditional caution used to avoid the appearance of partisan favor. As one former official noted, the department must ensure people understand it does not take sides in political disputes, a standard critics say is currently being tested.