Justice Department Subpoenas LA County Election Officials

The U.S. Justice Department sent subpoenas to three Los Angeles County election employees on Wednesday, Oct. 21, demanding they appear in court on Nov. 4. That date falls the day after the midterm election. The subpoenas are part of a federal effort to scrutinize how California handles votes from alleged noncitizens.

The documents were issued by all four U.S. attorneys in California. According to a person familiar with the matter, the subpoenas order the employees to produce any records, documents, and communications related to letters sent by federal officials in July and October. Those letters outlined allegations that noncitizens are on state voter rolls. The subpoenas also request information about the county’s methods for screening for unlawful voting by aliens and efforts to prevent noncitizen votes from being counted.

Dean Logan, the Los Angeles County registrar, responded to the subpoenas. He said, “threats and intimidated have no place in elections.”

The subpoenas arrive as U.S. District Judge David O. Carter handles a separate legal battle. The Trump administration sued to force California to set aside up to 20,000 ballots it suspects went to noncitizens. Carter rejected that request on Tuesday. On Thursday, he appointed a special master, Daniel B. Garrie, to evaluate the administration’s claims. Carter said the special master will be tasked with developing the factual record for the court.

At a Tuesday hearing, Carter noted that both sides agreed the federal list of over 20,000 alleged noncitizen voters includes an unspecified number of citizens. He said he wanted to vet the list because of extensive debate over its reliability. Carter also indicated the special master could investigate California’s claim that it cannot logistically separate the ballots in time for the county election certification deadline on Dec. 3.

The Justice Department filed a request on Wednesday for the 9th Circuit Court of Appeals to rule quickly. The filing argued that it is essential the court issue a ruling as soon as possible due to irreversible ballot processing occurring on an ongoing basis. In Los Angeles County alone, over 500,000 votes have already been processed according to court filings. Once a vote is processed, the system protects voter privacy and it cannot be traced back to the person who cast it.

President Donald Trump criticized Carter’s ruling on Thursday morning before heading to a campaign rally in South Carolina. He told reporters that California is very corrupt and that the elections are extremely corrupt. Trump added without evidence that there are millions of bad ballots in California, although he initially said hundreds of thousands. Carter, an appointee of Bill Clinton, argued that the Justice Department’s demands violated the National Voter Registration Act. That law prohibits changes to voter rolls or election procedure within 90 days of an election.

Carter is scheduled to rule on the government’s renewed request for a preliminary injunction after a Nov. 13 evidentiary hearing. The federal government has also charged over two dozen foreign nationals in California as part of a statewide sweep targeting people officials allege have illegally registered or voted in U.S. elections.