Justice Department Subpoenas LA County Election Officials

The U.S. Justice Department issued three subpoenas to Los Angeles County election officials on Wednesday, October 21. The documents order employees of the Los Angeles County Registrar-Recorder to appear in court on November 4, the day after the general election. All four U.S. attorneys in California are issuing the subpoenas, according to a person familiar with the ongoing investigation.

The subpoenas request any records, documents, and communications related to letters sent in July and October by federal officials. Those letters outlined allegations regarding noncitizens on the state’s voter rolls. The documents also seek information about the office’s methods for screening for unlawful voting by aliens and efforts to prevent noncitizen votes from being counted.

This legal move escalates a dispute between the federal government and California over election administration. The Trump administration sued to force the state to set aside up to 20,000 ballots it suspects went to noncitizens. The goal is to hold those ballots until citizenship can be verified. The 20,000 individuals on the list represent a small fraction of California’s 23 million voters.

U.S. District Judge David O. Carter rejected the federal request to set aside the ballots on Tuesday. He then appointed a special master, Daniel B. Garrie, on Thursday to evaluate the administration’s claims. Carter stated that the special master will be tasked with developing the factual record for the court. He noted that both sides agree the federal list includes an unspecified number of citizens.

Carter expressed concern over the reliability of the federal list and the logistical challenges of separating ballots. He indicated the special master could investigate California’s claim that it cannot separate the ballots in time for the county election certification deadline of December 3. Over 500,000 votes have already been processed in Los Angeles County alone, according to court filings. Once processed, a vote cannot be traced back to the person who cast it.

The Justice Department asked a federal appeals court to weigh in quickly on Wednesday. A late filing argued that the 9th Circuit Court of Appeals must issue a ruling immediately due to irreversible ballot processing occurring on an ongoing basis. The department filed a renewed request for a preliminary injunction that would bar the state from counting the ballots until the litigation is resolved. Carter said he will rule after a November 13 evidentiary hearing.

President Donald Trump criticized the lower court’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 judge should not have made the decision. Trump claimed without evidence that there are hundreds of thousands, and then millions, of bad ballots in California.

Carter argued that the Justice Department’s demands violate the National Voter Registration Act. The law prohibits changes to voter rolls or election procedure within 90 days of an election. Carter is a Democratic appointee from the Bill Clinton administration. He stated that separating the ballots at this point risks disenfranchising citizens and wreaking havoc on the certification process.

The 9th Circuit Court of Appeals considered this case last week. Two of three judges wrote separate concurrences stating they would not support setting aside ballots so close to the midterms. They questioned the accuracy of the federal list and argued that setting aside votes risks disenfranchising citizens. One judge dissented, arguing that federal law requires California to vet potentially illegal ballots before counting them to prevent irreparable harm.

Federal authorities have charged over two dozen foreign nationals in California as part of a statewide sweep. Officials allege these individuals illegally registered or voted in U.S. elections. Carter noted that the federal government could continue to prosecute such cases criminally if it suspected noncitizens were voting.