Federal Judge Orders DOJ Threats Against California Election Staff to Stop

The Los Angeles County Registrar-Recorder’s office confirmed on Thursday that its employees received grand jury subpoenas from the U.S. Department of Justice. The office stated that the subpoenas were served last week. Employees were instructed to appear in court on Nov. 4. The timing places the legal action directly in the middle of a dispute over how California handles ballots for voters flagged by federal agencies.

The Justice Department has sent letters to local election officials in California in recent weeks. These letters warned that officials risk "significant federal scrutiny and legal exposure" if they do not cooperate. The department demanded that officials set aside ballots for people identified as "likely" noncitizens. The letters stated that persons who knowingly tabulate such ballots risk becoming "aiders and abettors to a federal crime." A Justice Department spokesperson did not respond to a request for comment regarding the new subpoenas.

The subpoenas arrived one day after U.S. District Judge David O. Carter rejected a request by the Justice Department. The federal agency had sought an order requiring California officials to stop processing ballots for thousands of voters on a list of 20,000 names. Judge Carter found no legal basis for the demand. He also expressed doubt about the reliability of the list provided by federal officials.

Judge Carter expressed concern that the federal effort would disenfranchise eligible voters. He warned that the process could create election chaos. At a hearing on Tuesday, the judge told Justice Department officials that he believed it would be wise for threats to state and county elected employees to cease immediately. He repeated this message in an order issued on Wednesday evening, writing that "these threats must stop."

Dean Logan, the Registrar-Recorder for Los Angeles County, responded to the judge's comments in a statement on Thursday. Logan said that Judge Carter's admonishment was "well placed and appreciated." He characterized the Justice Department's approach as confrontational and adversarial at every step. Logan stated that election officials are acting in accordance with state and federal law.

Logan said his office will take necessary steps to ensure the safety of its employees. He emphasized the office's focus on serving the voters of Los Angeles County so they can exercise their voting franchise. It remains unclear whether the staff who received the subpoenas are currently the targets of a criminal investigation.

The Justice Department is appealing Judge Carter's ruling to the 9th Circuit Court of Appeals. The federal agency continues to push for cooperation from state officials despite the court's recent rejection of its demands.