Election Law: Federal Subpoenas Target L.A. County Ballot Handlers

Three employees of the Los Angeles County Registrar-Recorder’s Office received criminal grand jury subpoenas this week. The orders require them to appear before a federal grand jury and surrender internal documents related to the handling of 20,000 contested ballots. The Justice Department asserts that these ballots may have been cast by noncitizens. The subpoenas demand emails, text messages, and any evidence indicating an alien has voted.

The legal pressure on California elections has intensified in recent days. The Justice Department initially sought to set aside thousands of state ballots, claiming widespread noncitizen participation. U.S. District Judge David O. Carter ruled those allegations not credible. The case then moved to the 9th Circuit Court of Appeals. On Friday, a three-judge panel ruled in favor of California by a 2-1 vote. The panel included two judges appointed by Donald Trump and one nominated by Joe Biden.

The 9th Circuit decision effectively clears the path for the case to reach the U.S. Supreme Court before polls close on Tuesday. The union representing the county workers filed a lawsuit on Thursday. The Service Employees International Union argued that the subpoenas constitute a coordinated campaign to intimidate state officials. The suit seeks to block the investigation and protect workers from prosecution for counting ballots as usual.

Dean Logan, the Los Angeles County Registrar of Voters, has not been personally subpoenaed. However, he and his staff are operating under the threat of a criminal probe. Logan stated that threats and intimidation have no place in elections. Federal prosecutors in the Central District of California have warned that helping noncitizens vote can be treated as aiding and abetting a criminal offense. First Assistant U.S. Attorney Bill Essayli said his office will hold accountable anyone who unlawfully participates in elections.

The subpoenaed workers must appear in federal court in Santa Ana on Wednesday morning. This is the day after the general election. They are ordered to produce communications, including self-deleting messages from apps like Signal, regarding their efforts to block noncitizen voting. The Justice Department previously subpoenaed thousands of voter records from state and local officials.

Several green card holders arrested in a related crackdown appeared in court on Monday. Some told officials they did not recall registering to vote. The 9th Circuit judges warned that granting the federal government's relief might cause immense hardship to the defendants. They noted that such a move risks disenfranchising eligible voters and jeopardizing the entire tabulation process. The Supreme Court is expected to issue an order that could determine the fate of the contested ballots before the count is finalized.