US Justice Department subpoenas have been issued to election workers in Los Angeles, escalating a dispute with California officials over efforts to identify alleged non-citizens on the state’s voter rolls.
The Los Angeles County Registrar-Recorder’s office confirmed that it received grand jury subpoenas directed at employees last week. At least two staff members were instructed to appear in court on 4 November.
It remains unclear whether the employees are targets of a criminal investigation.
The subpoenas follow warnings from the Justice Department to local election officials in California that they could face “significant federal scrutiny and legal exposure” if they refused to set aside ballots linked to people federal agencies had identified as “likely” non-citizens.
The department warned: “If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime.”
A Justice Department spokesperson did not respond to a request for comment about the subpoenas.
The latest development came a day after a federal judge rejected the department’s request to force California election officials to stop processing ballots from thousands of voters included on a list of 20,000 people federal officials say are “likely” non-citizens.
US District Judge David O Carter ruled that there was no legal basis for the demand and said he was not convinced the list was reliable. He also raised concerns that the effort could disenfranchise eligible voters and cause disruption to the election process.
The Justice Department is appealing the ruling to the Ninth Circuit Court of Appeals.
At a hearing on Tuesday, Judge Carter warned department officials: “This court believes it would be wise that any threats to state and county elected employees cease immediately.”
He repeated that message in an order issued on Wednesday evening, writing: “The court reiterates what it said yesterday: these threats must stop.”
Los Angeles County Registrar-Recorder Dean Logan welcomed the judge’s comments and accused the Justice Department of taking a confrontational approach.
“Judge Carter’s admonishment about threats directed at election officials on Tuesday was well placed and appreciated,” Mr Logan said. “At every step, the U.S. Department of Justice has taken a confrontational, adversarial approach. Election officials are acting in accordance with state and federal law.”
He added: “We will take whatever steps necessary to ensure the safety of our employees and to remain focused on serving the voters of Los Angeles County so they can exercise their voting franchise.”
