DOJ Subpoenas Los Angeles Election Staff as Fight Over Non-Citizen Ballots Intensifies
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The Justice Department issued grand jury subpoenas to employees of the Los Angeles County Registrar-Recorder’s office after California officials resisted federal efforts to identify and set aside ballots linked to people flagged as likely non-citizens.
The U.S. Department of Justice sent grand jury subpoenas to employees of the Los Angeles County Registrar-Recorder’s office, according to a confirmation from the office on Thursday. The subpoenas, which require the recipients to appear in court on Nov. 4, were first reported by The New York Times.
The action follows recent DOJ letters to California election officials warning that refusal to cooperate with federal requests to set aside ballots for individuals flagged as "likely" non-citizens could expose them to federal scrutiny and legal liability. The letters stated that knowingly tabulating such ballots could make officials "aiders and abettors to a federal crime."
A Justice Department spokesperson declined to comment on the subpoenas. It is not yet clear whether the subpoenaed staff are subjects of a criminal investigation.
The subpoenas were issued a day after U.S. District Judge David O. Carter denied the DOJ’s request to require California officials to set aside thousands of ballots linked to a list of about 20,000 names the federal government considers "likely" non-citizens. Judge Carter found no legal basis for the DOJ’s demand and expressed concerns that the effort could disenfranchise eligible voters and disrupt election administration. The DOJ has appealed the ruling to the Ninth Circuit Court of Appeals.
During a hearing, Judge Carter warned DOJ officials that threats toward state and county election employees should cease immediately, a point he reiterated in an order issued Wednesday.
"Judge Carter's admonishment about threats directed at election officials on Tuesday was well placed and appreciated," Los Angeles County Registrar-Recorder Dean Logan said in a statement. "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."
Logan added that the office will take steps to protect its employees and continue serving voters in Los Angeles County.