By Zachary Stieber

A federal appeals court on Nov. 3 reinstated a decision that stays a restraining order that had prevented U.S. officials from requesting states sequester ballots from suspected noncitizens and threatening officials with prosecution if they did not act.

The split ruling from the U.S. Court of Appeals for the Ninth Circuit restored a Monday order from three judges on the court that granted the government’s motion for a stay pending appeal of the temporary restraining order previously entered by a federal judge.

That judge, Trina Thompson of the U.S. District Court for the Northern District of California, said in her October order that the government appeared to be violating federal law by trying to intimidate election workers and interfere with election state administration.

She barred the Trump administration from requiring election officials to remove registered voters from voter rolls.

She also prohibited the Department of Justice from telling election officials not to provide ballots to specific registered voters, or to sequester ballots solely based on the administration’s allegations that those people were not eligible to vote.

The order was to remain in effect until the evening of Nov. 16.

The administration asked for a stay pending the outcome of an appeal of the ruling, and a three-judge panel of the Ninth Circuit on Nov. 2 granted the motion.

A majority of active judges on the court ruled later Monday that the panel’s move was vacated and the case would be reheard en banc.