In California, criminal grand jury subpoenas from federal prosecutors have been sent to a minimum of four election workers. The Justice Department is targeting local officials over suspected noncitizens on voter rolls. Just days before voters head to the polls, this escalation occurs. The move marks a sharp turn in the federal fight with the state. At least one subpoena was delivered on Thursday after a judge rejected a government request.
US Attorney Bill Essayli is leading the charge against California officials. He told a Los Angeles courtroom that the government seeks election integrity. The subpoenas demand records on how agencies stop non-citizens from voting. They also seek evidence showing an alien may have voted in a federal election. Officials in Los Angeles and Orange counties received these demands. The Department of Homeland Security is conducting the investigation. Orange County Registrar Bob Page confirmed his office received a subpoena for 60 people.
The subpoenas follow a ruling by US District Judge David O. Carter. The judge rejected the administration's request to set aside mail-in ballots. These ballots belong to over 20,000 voters whose citizenship is questioned. Carter warned that separating them would disrupt the election.
He stated that it 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 ordered that threats to employees must stop. "This court believes it would be wise that any threats to state or county employees cease immediately," he said. The Justice Department has appealed this decision.
State officials argue they are following the law. California Secretary of State Shirley Weber and LA County Clerk Dean Logan refuse to sequester the ballots. Logan called the federal approach "confrontational, adversarial." He said election officials are following state and federal law. Governor Gavin Newsom responded by saying he is deploying lawyers to protect votes.
To safeguard every ballot, election lawyers are being dispatched by me to pivotal battleground districts in California. "And I just made it a FELONY to illegally seize ballots," Newsom said. He compared the federal effort to Jim Crow-era laws. Carter wrote that the remedy for unlawful voting is criminal prosecution. "There is a clear remedy available." Carter stated that the United States has the authority to prosecute individuals under Section 611, following both historical and recent precedents.
The subpoenas require some workers to appear in court on November 4. This is the morning after the election. Federal marshals served one official at his home despite prior legal representation. The Justice Department says receiving a subpoena does not make someone a target. A department spokesperson noted that subpoenas are seldom issued to individuals the agency plans to charge.
"The Department of Justice does not comment on leaks about alleged grand jury subpoenas," a spokesperson said. The investigation focuses on verifying citizenship before counting votes. The administration argues that counting unverified ballots dilutes lawful votes. Sources told ABC News that the move escalates the clash just before the midterm elections. The dispute centers on a federal list of 20,000 likely noncitizens. The courts will decide if the ballots can be counted or must be set aside. The Justice Department maintains it seeks verification, not automatic cancellation. The appeal process will determine the final outcome for these ballots.