DOJ Subpoenas California Election Staff Amid Ballot Count Dispute

Key points

• The DOJ issued grand jury subpoenas to at least two Los Angeles County Registrar-Recorder employees, requiring them to appear in court on November 4, the day after the midterm elections.
• The subpoenas seek unredacted voter registration information and records regarding communications between state and federal authorities, as part of a criminal investigation into alleged noncitizen voting.
• U.S. District Judge David O. Carter rejected the DOJ's emergency request to segregate and stop processing ballots for 20,000 individuals flagged as likely noncitizens, citing a lack of legal basis and reliability of the data.
• Carter warned that the DOJ's threats would create a chilling effect on election workers and voters, and the DOJ is appealing his ruling to the 9th Circuit Court of Appeals.
• Los Angeles County Registrar-Recorder Dean Logan stated that the DOJ has taken a confrontational approach and that election officials are acting in accordance with state and federal law.
• The Orange County registrar also received a subpoena this week, seeking information on 80 possible registrants, in addition to three received in September.

Background

This dispute follows a broader pattern of the Trump administration challenging voter rolls in Democratic-led states, including Washington and three other states, using federal data-matching programs. The DOJ has previously criminally charged 28 green card holders in California with fraudulently registering to vote. The current conflict is part of a larger effort by the administration to portray elections in Democratic states as rigged, occurring just days before the November 3 midterm elections.

How outlets are covering it

The DOJ frames its actions as necessary to safeguard vote integrity and combat voter fraud, warning that election officials who do not cooperate risk becoming 'aiders and abettors' to a federal crime. The New York Times and The Guardian characterize the move as an attempt to intimidate local administrators and disrupt the counting process, noting that studies have found noncitizen voting to be very rare. CNN highlights the legal and procedural concerns raised by Judge Carter, who argued that the DOJ's request would violate the state's right to run its own election and compromise decades of voting and civil rights protections. Los Angeles County Registrar-Recorder Dean Logan condemned the DOJ's approach as adversarial and emphasized the need to ensure the safety of employees and serve voters.

Why it matters

The DOJ's subpoenas and the subsequent legal battle highlight the escalating tensions between federal and state authorities over election integrity and voter rolls. The outcome of this dispute could set a precedent for how the federal government can intervene in state election processes, particularly in the context of the upcoming midterm elections. The case also raises broader questions about the reliability of federal data-matching programs and the potential for disenfranchising eligible voters.

What to watch

The DOJ is appealing Judge Carter's ruling to the 9th Circuit Court of Appeals. The 9th Circuit previously sent the case back to Carter, indicating that the DOJ's arguments were likely to fail on the merits. Carter has agreed to appoint a special master to evaluate the administration's claims that California has noncitizens on its voter rolls. The subpoenaed election workers are required to appear in court on November 4, the day after the midterm elections.