WASHINGTON — The Department of Justice has issued federal grand jury subpoenas to local election officials in California as part of an expanding criminal investigation into claims of noncitizens appearing on the state’s voter rolls, according to federal officials and county administrators.
The subpoenas, which demand sensitive registration files and internal communications, mark a sharp escalation in the Trump administration’s ongoing fight over election management just days ahead of Tuesday’s midterm vote. Federal officials confirmed Thursday that a criminal inquiry is underway into allegations that as many as 20,000 noncitizens remain registered to vote in California, NBC News reported.
Subpoenas Seek Records and Testimony
In Southern California, election offices in both Los Angeles and Orange counties confirmed receiving federal demands for records. Orange County Registrar of Voters Bob Page said his office was served with a subpoena demanding unredacted voter registration details for 60 individuals in connection with a Department of Homeland Security criminal investigation, according to the Orange County Register.
In Los Angeles County, three employees at the Registrar-Recorder’s office — an executive liaison, an assistant registrar-recorder and a records custodian — were subpoenaed between Oct. 21 and Oct. 24, according to reporting by ABC News and CBS News. Those notices instruct the workers to testify before a grand jury in Santa Ana on Nov. 4, the day after the election.
The Los Angeles subpoenas request internal records regarding screening procedures for voter eligibility, as well as communications with California Secretary of State Shirley Weber, Homeland Security Secretary Markwayne Mullin and acting Deputy Attorney General Trent McCotter. A federal official told NBC News that receiving a grand jury subpoena does not indicate a person is a target of the investigation, but rather that they may possess relevant information.
A Justice Department spokesperson declined to address grand jury leaks directly on Thursday, but stated that the government has consistently maintained unlawful voting carries criminal consequences.
Court Battles and Pushback
The escalation follows major courtroom losses for the administration earlier this week. On Wednesday, U.S. District Judge David O. Carter rejected the administration’s emergency bid to force California to segregate roughly 20,000 mail ballots cast by voters the federal government claimed were noncitizens. A federal appeals court had also rejected a bid to block those ballots on Monday.
Carter wrote that granting the administration’s request “would wreak havoc and disrupt the election that is already underway, create a chilling effect on election workers and voters alike, and discount the votes of United States citizens.” The judge also rebuked federal officials for warning local administrators that they could face criminal liability, writing that “these threats must stop.”
Dean Logan, the Los Angeles County registrar-recorder and county clerk, praised Carter’s ruling and condemned the federal government’s posture.
“At every step, the U.S. Department of Justice has taken a confrontational, adversarial approach,” Logan said in a statement. “Election officials are acting in accordance with state and federal law. Clear court rulings at both the U.S. District Court level and the Court of Appeals have confirmed that. Threats and intimidation have no place in elections.”
Earlier in October, Justice Department officials sent letters to 57 of California’s 58 counties warning that local workers could face prosecution if they knowingly tabulated votes cast by noncitizens. The agency also sent similar demands to Washington state this week, asking its secretary of state to examine 400 registrants.
What Comes Next
Voting is already well underway across California, where all registered voters received mail-in ballots earlier this month and millions have already returned them. U.S. Attorney Bill Essayli warned in court Tuesday that votes were being counted continuously, arguing that separating questionable ballots was urgent to ensure election integrity.
The Justice Department has appealed Carter’s Wednesday decision. The district judge has scheduled an additional hearing in the matter for Nov. 13, leaving state and federal officials until the Dec. 3 election certification deadline to litigate the dispute.
