DOJ Subpoenas L.A. Election Staff Amid Ballot Dispute

Two employees of the Los Angeles County Registrar-Recorder's office must appear in court on Nov. 4 after receiving grand jury subpoenas from the Department of Justice.

The county confirmed receipt of the legal documents last week, a move that escalates the federal government's push to identify noncitizens on California voter rolls. The subpoenas were first reported by The New York Times before the county office verified them on Thursday.

The Justice Department sent warning letters to local election officials earlier this month. The correspondence stated that officials risk federal scrutiny and legal exposure if they refuse to set aside ballots cast by people flagged as likely noncitizens. One letter warned that tabulating these ballots could make officials aiders and abettors to a federal crime.

The subpoenas arrived one day after U.S. District Judge David O. Carter rejected a federal request to halt processing ballots for thousands of voters. The government sought to pause ballots for names on a list of 20,000 individuals identified as likely noncitizens. Judge Carter ruled there was no legal basis for the demand and questioned the reliability of the list. He also noted the effort could disenfranchise eligible voters.

Judge Carter warned DOJ officials on Tuesday that threats against state and county employees should cease immediately. He repeated that directive in an order issued Wednesday evening, stating the threats must stop. The Justice Department is currently appealing the ruling to the 9th Circuit Court of Appeals. A department spokesperson did not respond to requests for comment regarding the new subpoenas.

Los Angeles County Registrar-Recorder Dean Logan praised the judge's comments in a statement on Thursday. He called the admonishment well placed and noted the DOJ has taken a confrontational approach at every step. Logan said the office is acting in accordance with state and federal law. He added that the county will take necessary steps to ensure employee safety while serving Los Angeles County voters.

It remains unclear if the subpoenaed staff are the primary targets of a criminal investigation. The legal documents instruct the two employees to appear in court on the first Wednesday of November.