US Judge Bars Threats to Election Staff
Published Saturday, October 31, 2026, 11:45 a.m. ET · Source: federal court orders, Emerson College Polling, University of Florida Election Lab, Polymarket
Three days before Election Day, federal judges are drawing a line around who may pressure the people who count America’s votes. On Friday a US judge ordered the Justice Department, the nation’s top federal law-enforcement agency, to stop threatening election officials over disputed ballots. It is the latest turn in our 2026 US midterm elections coverage.
This story is part of our coverage of the 2026 US midterm elections. Dates, times and how to follow it are in our guide.
Key Facts
- Order: a US judge in California barred federal officials from threatening local vote counters, through November 16.
- Alaska: the Justice Department wants ballots naming a second “Sullivan” set aside, and certification halted if Sen. Dan Sullivan loses.
- Early voting: nearly 49.6 million ballots were cast by Friday evening.
- Prediction markets: Polymarket prices a Democratic Senate win at 71.5% and a Democratic House win at 94.5% (as of 11:22 a.m. ET, October 31).
What The California Judge Ordered
On Friday, October 30, US District Judge Trina Thompson of the Northern District of California issued a temporary restraining order, a short-term court order that freezes a dispute until a fuller hearing. It bars the Justice Department and the Department of Homeland Security from threatening criminal prosecution to coerce state and local election officials, where the pressure rests only on claims that voters are ineligible.
The order also stops both agencies from demanding that officials in any state set ballots aside, purge voter lists or halt ballot processing. It runs through November 16, and labor unions and civil-rights groups brought the case.
Why The Appeals Court Matters Too
The same day, the Ninth US Circuit Court of Appeals, the federal appeals court for California and other Western states, again refused the Justice Department’s request to pause a ruling on more than 20,000 California ballots. The 2–1 decision found the department had not met its burden of proof.
It was the second rejection in a week. The administration argues that a data-matching programme flags voters who may not be eligible, while election officials say such matches can be wrong.
The Alaska Fight Over Two Sullivans
In Alaska, the Justice Department asked a federal court to set aside all ballots ranking Daniel J. Sullivan Jr., a second candidate who shares a name with the Republican senator. It also asked the court to block certification of the result if Sen. Dan Sullivan loses.
US District Judge Sharon Gleason set a fast schedule, with replies due at noon Alaska time on Saturday (4 p.m. ET). A ruling could follow once that briefing closes. Mary Peltola, the Democratic Senate nominee, denies any role in recruiting the second Sullivan and called the claims “offensive”.
How Many Americans Have Already Voted
The University of Florida Election Lab, which tracks early voting, counted 49,564,545 ballots cast early by Friday evening.
The final Emerson College Polling national survey, taken October 24–26 among 1,000 likely voters, put Democratic House candidates ahead 52% to 42%. Its credibility interval, a margin-of-error measure, is plus or minus 3 percentage points.
What Prediction Markets Say
- Senate control: Democratic Party 71.5%, Republican Party 28.5% on Polymarket, with about US$13.3 million traded.
- House control: Democratic Party 94.5%, Republican Party 5.5% on Polymarket, with about US$33.8 million traded.
These prices are bets, not polls, and they were read at 11:22 a.m. ET on October 31. Why we show this: prediction markets turn real-money bets into a live probability that moves within minutes of the news, which is why investors, campaigns and newsrooms in the United States now follow them closely. We show them next to polls and official results, never instead of them.
What It Means For US Readers
Election Day is Tuesday, November 3. Expect results to arrive in stages, because states set their own polling hours and count mail, provisional and challenged ballots on their own timetables. A close Senate race may stay open for days if courts are still ruling.
What Is Not Known
It is not known whether the Alaska judge will set ballots aside or limit certification. Nor is it clear whether the Justice Department will appeal the California order.
No one can yet say whether the early-vote surge favours either party. Official results are final only when each state finishes counting.
Sources
Federal court orders (N.D. Cal., Ninth Circuit, D. Alaska); Emerson College Polling national survey, October 24–26, 2026; University of Florida Election Lab; Polymarket.
Editorial responsibility: Matthias Camenzind, Editor-in-Chief · Editorial standards · Report an error
Frequently Asked Questions
What did the federal judge order?
She barred the Justice Department and Homeland Security from threatening election officials over disputed ballots. The order runs through November 16.
When is Election Day?
Election Day is Tuesday, November 3, 2026. Polling hours differ by state.