Justice Department Sends Grand Jury Subpoenas to California Election Officials in Voter Rolls Inquiry

The Justice Department has issued federal grand jury subpoenas to California election officials as part of a criminal inquiry into the state’s voter rolls, according to reports published Thursday, Oct. 29. The move came a day after a federal judge rejected the department’s civil bid to set aside mail ballots tied to the same dispute.

The subpoenas were sent to the office of Los Angeles County Registrar-Recorder/County Clerk Dean Logan, the Washington Examiner reported, citing details first reported by the New York Times and Bloomberg. The subpoenas demand internal communications about the department’s demands to county officials and to California Secretary of State Shirley Weber, and set a meeting for Nov. 4, the day after the midterm elections.

What the subpoenas seek

According to the New York Times, as reported by MyNewsLA, at least two employees of the Los Angeles County Registrar-Recorder’s office received grand jury subpoenas last week. At least one of them was served at home by federal marshals even though the office had already been served and had told officials the employee had counsel, the Times reported.

The subpoenas seek copies of internal communications about the Justice Department’s demands and records on how the county screens for unlawful voting, including its methods for screening for unlawful voting by noncitizens and its efforts to keep noncitizen votes from being counted, MyNewsLA reported. Media reports said subpoenas were being issued by all four U.S. attorneys in California.

The dispute centers on a federal list identifying more than 20,000 people as likely noncitizens registered to vote in California. The department has argued that counting their ballots before verifying citizenship could dilute lawful votes and make improperly cast ballots hard to identify once separated from their envelopes. The department has said it seeks verification before tabulation, rather than automatic cancellation of the ballots.

From a court loss to a criminal step

The subpoenas followed a ruling by U.S. District Judge David Carter denying the department’s request for a temporary restraining order that would have blocked the handling of about 20,000 mail ballots. In the hearing, Carter warned federal prosecutors that threats to state and county election employees should cease immediately, MyNewsLA reported. Federal lawyers have appealed the ruling, the Washington Examiner reported.

Logan denounced the subpoenas as intimidation, according to the Times. “At every step, the U.S. Department of Justice has taken a confrontational, adversarial approach,” he said in a statement received by the newspaper. “Election officials are acting in accordance with state and federal law.” Federal and state law prohibit noncitizen voting, and Logan has maintained that state election officials are complying with that law.

A Justice Department spokesperson said the department does not comment on alleged grand jury subpoenas, according to Bloomberg, as reported by the Washington Examiner. The spokesperson said receiving a subpoena does not mean a person is a target of a criminal prosecution, and added that, in general, the department does not subpoena targets. The department also said it maintains that a civil remedy is still available, while agreeing that noncitizen voting is properly addressed through criminal law.

Bill Essayli, the U.S. attorney for the Central District of California, is leading the department’s effort in the case, the Washington Examiner reported. Essayli said he expects the Supreme Court to intervene if the appeal of Carter’s ruling does not succeed.

Reporting based on coverage by the Washington Examiner, MyNewsLA, the New York Times, and Bloomberg.