Justice Department Subpoenas L.A. Officials Days After Election

The U.S. Justice Department issued subpoenas to Los Angeles County election officials on Wednesday, Oct. 21, demanding records related to federal allegations of noncitizen voting. The move escalates a legal conflict over the handling of ballots in California’s upcoming midterm elections.

The subpoenas were sent to employees of the Los Angeles County Registrar-Recorder’s office. They order the staff to appear in court on Nov. 4, the day after the election. The documents request all records, documents, and communications concerning letters sent in July and October by federal officials to state election authorities. The letters outlined allegations that noncitizens were present on the state’s voter rolls.

The subpoenas also seek information regarding the office’s methods for screening for unlawful voting by aliens. They ask for details on any efforts made to prevent noncitizen votes from being counted. According to a person familiar with the matter who requested anonymity, all four U.S. attorneys in California are issuing the subpoenas.

Dean Logan, the Los Angeles County registrar, responded to the subpoenas by stating that threats and intimidation have no place in elections.

The legal action comes as U.S. District Judge David O. Carter appointed a special master to evaluate the administration’s claims. On Tuesday, Carter rejected the Trump administration’s request to force California to set aside up to 20,000 ballots. The administration suspects these ballots went to noncitizens. Carter appointed Daniel B. Garrie as the special master to develop the factual record for the court.

Carter said he wants 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 indicated the special master could investigate California’s claim that it cannot logistically separate the ballots in time for the county election certification deadline on Dec. 3.

The Justice Department filed a request on Wednesday asking the 9th Circuit Court of Appeals to rule quickly. The filing argued that irreversible ballot processing is occurring on an ongoing basis. Carter is scheduled to rule on a renewed request for a preliminary injunction after a Nov. 13 evidentiary hearing.

President Donald Trump criticized Carter’s ruling on Thursday morning before 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 that there are hundreds of thousands, and in his opinion millions, of bad ballots in California.

Carter, an appointee of former President Bill Clinton, argued that the Justice Department’s demands violate the National Voter Registration Act. The law prohibits changes to voter rolls or election procedures within 90 days of an election. Carter noted that over 500,000 votes have already been processed in Los Angeles County. Once processed, votes cannot be traced back to the voter.

The 9th Circuit Court of Appeals considered the case last week. Two of three judges wrote concurrences stating they would not support setting aside ballots at this late date. They questioned the accuracy of the federal list and warned of risks to citizens. One judge dissented, arguing that federal law requires California to vet the potentially illegal ballots before counting them.