Justice Department Issues Grand Jury Subpoenas to California Election Officials Over Noncitizen Voter Claims

The Justice Department has launched a criminal investigation in California, issuing federal grand jury subpoenas to local election officials as part of an effort to determine whether as many as 20,000 noncitizens are listed on the state’s voter rolls. The number of subpoenas and the specific recipients have not been disclosed.

A U.S. official told NBC News that receiving a subpoena does not necessarily indicate that the recipient is a target of the investigation, but rather that they may possess information relevant to the case. The official added that the department rarely subpoenas individuals it intends to charge with crimes.

The subpoenas follow a federal judge’s decision on Wednesday to deny the Trump administration’s request to segregate 20,000 mail ballots from alleged noncitizens, raising questions about the accuracy of the administration’s identification process. Los Angeles County Registrar-Recorder and County Clerk Dean Logan praised the ruling, stating, ">At every step, the U.S. Department of Justice has taken a confrontational, adversarial approach. Election officials are acting in accordance with state and federal law."

Last week, DOJ letters were sent to 57 of California’s 58 counties warning officials to cooperate with federal investigations into illegal voting or risk further scrutiny. This week, similar letters were dispatched to officials in Washington state, requesting a review of a list of 400 registrants the department believes to be noncitizens and asking the state to set aside any ballots those individuals may have cast.

The administration has faced two recent legal setbacks: an appeals court denied its request to block California from counting mail ballots from the alleged noncitizens, and a federal judge rejected its request to segregate those ballots. The administration has also sued 30 states and the District of Columbia for refusing to provide voter registration data.

While noncitizens can appear on voter rolls, such instances are rare, and newly naturalized citizens are sometimes mistakenly flagged as noncitizens due to the lack of a comprehensive citizen list.