DOJ issues grand jury subpoenas to California election staff
Federal investigators are probing claims that 20,000 noncitizens may have cast ballots in the state.
By Amelia Gupta ·
As many as 20,000 noncitizens are alleged to be on California’s voter rolls, a figure that has triggered a new criminal investigation by the Justice Department. A U.S. official confirmed to NBC News on Thursday that the department has opened this probe while continuing its broader effort to validate the claim. The investigation has moved from administrative letters to legal compulsion, with federal grand jury subpoenas now served on local election officials across the state.
The New York Times first reported the issuance of these subpoenas. While it is not yet clear how many subpoenas were sent or exactly who received them, the move signals a shift in the federal government’s strategy. The Justice Department declined to comment on the specific leaks regarding the subpoenas, but it reiterated that federal courts have established that unlawful voting can result in criminal exposure.
A U.S. official clarified that receiving a subpoena does not automatically mean the recipient is a target of the investigation. According to the official, the individuals may simply hold information relevant to the case, and the Justice Department rarely subpoenas people it intends to charge with a crime. This distinction is being made as local officials react to the federal pressure.
The subpoenas follow a federal judge’s ruling on Wednesday. That judge denied the Trump administration’s request to segregate 20,000 mail-in ballots from alleged noncitizens. The ruling called into question the accuracy of the administration’s process for identifying such individuals. Los Angeles County Registrar-Recorder and County Clerk Dean Logan responded to the decision with a statement on Thursday.
Logan described the Justice Department’s approach as confrontational and adversarial. He stated that election officials are acting in accordance with state and federal law, citing clear court rulings from both the federal judge and an appeals court. Last week, Justice Department officials sent letters to 57 of California’s 58 counties, warning local election officials to cooperate with federal investigations into illegal voting or face investigations themselves.
The federal push has expanded beyond California. Earlier this week, the Justice Department sent similar letters to officials in Washington state. It asked that state’s secretary of state to review a list of 400 registrants the DOJ believes to be noncitizens and to sequester any ballots those individuals cast. The Trump administration has faced two legal setbacks this week after an appeals court denied its request to block California from counting mail ballots and a federal judge rejected the segregation request.
The administration has pressured state officials for months, suing 30 states and the District of Columbia for refusing to hand over voter registration list data. While noncitizens can appear on voter rolls, experts note it is a rare occurrence. Newly naturalized citizens are often mistakenly flagged, particularly because there is no comprehensive list of U.S. citizens. Election experts have argued that the administration’s lawsuits rely on flimsy legal arguments, especially given that the DOJ does not have legal authority to intervene in election certification.
