DOJ subpoenas LA election staff days after ballots rejected

The U.S. Justice Department issued three subpoenas to Los Angeles County election employees on Oct. 21 and Oct. 24, ordering them to appear in court on Nov. 4. This date falls the day after the county election. The subpoenas were sent to staff at the Los Angeles County Registrar-Recorder. They seek documents and communications regarding letters sent in July and October by federal officials. Those letters outlined allegations that noncitizens appear on California’s voter rolls. The subpoenas also request information about efforts to prevent noncitizen votes from being counted.

A person familiar with the matter said all four U.S. attorneys in California were involved in issuing the subpoenas. A letter accompanying one subpoena stated it was part of an official criminal investigation by Homeland Security Investigations. It did not provide further details. Dean Logan, the Los Angeles County registrar, called the move aggressive. He stated that threats and intimidation have no place in elections.

The legal action follows a ruling by U.S. District Judge David O. Carter. On Tuesday, Carter rejected a request to set aside up to 20,000 ballots suspected to belong to noncitizens. He then appointed Daniel B. Garrie as a special master to develop the factual record. Carter noted that the federal list of alleged noncitizens includes an unspecified number of citizens. He also wanted to investigate California’s claim that it cannot separate the ballots in time for the Dec. 3 certification deadline.

The Trump administration has appealed the ruling to the 9th Circuit Court of Appeals. In a filing on Wednesday, the Justice Department argued for a quick decision due to ongoing ballot processing. A three-judge panel previously ruled that an appeals court involvement was premature. Two judges wrote concurrences indicating they would not support setting aside ballots so close to the midterms. One judge dissented, arguing that California must vet the potentially illegal ballots before counting them.

More than 500,000 votes have already been processed in Los Angeles County. Court filings note that the system protects voter privacy by making processed votes untraceable to the individual. Federal authorities have charged over two dozen foreign nationals in California for allegedly registering or voting illegally. Carter plans to rule on a preliminary injunction after a Nov. 13 evidentiary hearing. The 20,000 people on the Justice Department’s list represent a small fraction of California’s 23 million voters.

President Donald Trump criticized the lower court decision while heading to a campaign rally in South Carolina. He described California elections as extremely corrupt and confirmed the administration would appeal. Carter’s earlier ruling held that the Justice Department’s demands violated the National Voter Registration Act. That law prohibits changes to voter rolls or election procedures within 90 days of an election.