Federal Pressure: DOJ subpoenas LA election officials

The federal government has intensified its legal campaign to control California's midterm elections by demanding records from local officials. The U.S. Justice Department issued three subpoenas to employees of the Los Angeles County Registrar-Recorder office on Oct. 21. The documents order the staff to appear in court on Nov. 4, the day after the general election.

The subpoenas request all records, communications, and documents related to letters sent by federal officials in July and October. Those letters alleged that noncitizens remain on the state's voter rolls. The federal attorneys also sought information on the county's methods for screening for unlawful voting by aliens. The documents are part of a broader effort to verify the integrity of the upcoming vote.

Four U.S. attorneys in California issued the subpoenas, according to a person familiar with the matter who spoke on the condition of anonymity. Dean Logan, the Los Angeles County registrar, reacted to the move by stating that threats and intimidation have no place in elections. The legal action coincides with a district court decision that rejected the administration's initial request to pause ballot counting.

U.S. District Judge David O. Carter appointed a special master, Daniel B. Garrie, on Thursday to develop the factual record. Carter tasked Garrie with evaluating the federal government's list of over 20,000 alleged noncitizen voters. Both parties agree that the list contains an unspecified number of citizens. Carter noted that separating these ballots risks disenfranchising eligible voters and disrupting the certification process.

The Trump administration filed an appeal to the 9th Circuit Court of Appeals on Wednesday. The Justice Department argued that a quick ruling is essential because irreversible ballot processing is occurring. Trump criticized Carter's ruling on Thursday morning, claiming California elections are extremely corrupt. He told reporters that millions of bad ballots exist in the state, a claim he made without providing supporting evidence.

Carter, a Clinton appointee, argued that the Justice Department's demands violate the National Voter Registration Act. The law prohibits changes to election procedures within 90 days of an election. Over 500,000 votes have already been processed in Los Angeles County alone. Once a vote is processed, the system protects voter privacy by ensuring it cannot be traced back to the individual.

Carter will rule on the government's request for a preliminary injunction after a Nov. 13 evidentiary hearing. The 9th Circuit panel previously ruled it was premature to intervene before the lower court finished its review. Two of the three judges on the panel wrote that they would not support setting aside ballots this close to the midterms. One judge dissented, arguing that federal law requires California to vet the potentially illegal ballots before counting them.

The 20,000 people on the Justice Department's list represent a small fraction of California's 23 million voters. Federal authorities have charged more than two dozen foreign nationals in California as part of a statewide sweep. The Justice Department continues to pursue criminal prosecutions in these cases while seeking to halt the counting of ballots in the civil lawsuit.