DOJ Subpoenas LA Election Officials

The U.S. Justice Department has issued subpoenas to Los Angeles County election officials, demanding records related to noncitizen voter screening. The documents were sent on Oct. 21 to employees of the Los Angeles County Registrar-Recorder. They order the staff to appear in court on Nov. 4, the day after the election.

A person familiar with the matter said all four U.S. attorneys in California issued the subpoenas. The individual spoke on condition of anonymity to discuss an ongoing investigation. The subpoenas request any records, documents, and communications related to letters sent in July and October by federal officials to state election officials. Those letters outlined allegations of noncitizens on the state’s voter rolls.

The legal demands also seek information on the office’s methods for screening for unlawful voting by aliens. They ask for details on efforts to prevent noncitizen votes from being counted. Dean Logan, the Los Angeles County registrar, responded to the move. He stated that threats and intimidation have no place in elections.

This action occurs while a court battle over the same ballots continues. The Trump administration sued to force California to set aside up to 20,000 ballots it suspects went to noncitizens. The administration wants these votes held until citizenship can be verified. U.S. District Judge David O. Carter rejected that request on Tuesday. On Thursday, he appointed a special master to evaluate the administration's claims.

Carter did not specify the exact scope of special master Daniel B. Garrie's responsibilities. He said Garrie would be tasked with developing the factual record for the court. Carter said he wanted to vet the federal government’s list of over 20,000 alleged noncitizen voters. Both sides agree the list includes an unspecified number of citizens.

Carter also said the special master could investigate California’s claims regarding logistics. The state says it cannot separate the ballots in time for the county election certification deadline on Dec. 3. The federal government has contested that assertion. It is not clear what would happen if the special master found a substantial number of noncitizen voters. The 20,000 people on the list constitute a small fraction of California’s 23 million voters.

Meanwhile, the Trump administration asked a federal appeals court to weigh in quickly. The Justice Department said in a filing that it is essential the 9th Circuit Court of Appeals issue a ruling soon. Cited reasons include irreversible ballot processing occurring on an ongoing basis. Carter’s decision was a legal setback for President Donald Trump in his efforts to expand federal control over state-run elections.

Trump blasted Carter'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 done that. Trump added without evidence that there are hundreds of thousands and then amended it to millions in my opinion of bad ballots in California.

Carter argued that the Justice Department's demands violated the National Voter Registration Act. The law prohibits changes to voter rolls or election procedure within 90 days of an election. Carter is to rule on the government’s renewed request for a preliminary injunction after a Nov. 13 evidentiary hearing. Over 500,000 votes have already been processed in Los Angeles County alone.

Appeals panel judges have said they would not support setting aside ballots this close to midterms. The 9th Circuit considered the case last week. Two of three judges wrote separate concurrences stating they would not support setting aside ballots at this late date. They questioned the accuracy of the federal government’s list and argued it risks disenfranchising citizens. One judge dissented, arguing that federal law requires California to vet the potentially illegal ballots before counting them.