DOJ subpoenas target California election officials in non-citizen vote probe

The U.S. Department of Justice has issued grand jury subpoenas to state and local election officials in California, escalating a federal probe into alleged non-citizen voting. The subpoenas were served between Oct. 21 and Oct. 24, according to sources with direct knowledge and copies of the documents.

The legal action follows a federal court ruling that blocked the Trump administration’s attempt to force California to separate mail ballots from roughly 20,000 individuals the government claims are not U.S. citizens. In that decision, the judge stated that allowing the federal government to intervene in this manner would violate longstanding constitutional principles that grant states the authority to administer their own elections.

Three of the subpoenas were directed to officials at the Los Angeles Registrar-Recorder/County Clerk office. The documents request records of correspondence between the county and Homeland Security Secretary Markwayne Mullin and acting Deputy Attorney General Trent McCotter. The subpoenas specifically target discussions regarding non-citizen voting and the agency’s methods for screening for unlawful voting by aliens.

The requests also ask for any evidence collected regarding non-citizen voters. Los Angeles Registrar-Recorder/County Clerk Dean Logan responded by citing the district judge’s earlier criticism of the government’s tactics. Logan noted that the judge had written that “these threats must stop.”

Logan stated that the judge’s admonishment regarding threats directed at election officials was well placed and appreciated. The clerk argued that the Justice Department has taken a confrontational approach at every step while election officials follow state and federal law. Logan added that clear court rulings at both the district and appellate levels have confirmed the officials’ legal standing.

The clerk’s office said it will take necessary steps to ensure employee safety and continue serving voters in Los Angeles County. A Justice Department spokesperson acknowledged that criminal investigative action was the next logical step following the court ruling. The spokesperson noted that the district court judge explained that voting unlawfully results in criminal exposure.

The Justice Department maintains that a civil remedy is still available but agrees that non-citizen voting is properly addressed through criminal law. The agency stated it does not comment on leaks regarding grand jury subpoenas.