DOJ Subpoenas L.A. County Election Workers Ahead of Midterms

The Department of Justice has moved to question local election staff in Los Angeles County as part of a federal probe into noncitizen voting. The action intensifies legal battles over ballot counting in the days before the November 3 election.

Prosecutors issued criminal grand jury subpoenas to three workers from the Los Angeles County Registrar-Recorder’s Office. The orders compel these individuals to testify before a grand jury and surrender internal documents. The Justice Department is seeking emails, text messages, and other records related to the office’s response to federal demands.

The subpoenas specifically request any evidence that indicates a noncitizen cast a ballot. They also demand details about anyone who aided or abetted such voters. This follows the federal government’s order to set aside 20,000 contested ballots. Prosecutors argue that widespread noncitizen voting dilutes the votes of lawful citizens.

Bill Essayli, the First Assistant U.S. Attorney for the Central District of California, stated that officials who help known noncitizens vote are aiding a criminal offense. He posted on social media that his office will hold accountable anyone who unlawfully participates in elections. The subpoenas require the workers to appear in federal court in Santa Ana on Wednesday, the day after the general election.

Dean Logan, the Los Angeles County Registrar of Voters, said threats and intimidation have no place in elections. He has not been subpoenaed, but his office is under the cloud of a criminal investigation. The Justice Department declined to comment on whether Logan might face prosecution. A spokesperson noted that noncitizen voting is properly addressed through criminal law.

The Service Employees International Union filed a lawsuit on behalf of the county workers on Thursday. The suit calls the subpoenas a coordinated campaign to intimidate state and local officials. It argues that threatening workers with criminal prosecution for following federal and state law is illegal. The union seeks to block the investigation and protect workers from liability for counting ballots.

The case has moved up the federal court system. A panel of the 9th Circuit Court of Appeals ruled 2-1 in favor of California on Friday. The judges rejected the United States’ request to contravene the Elections Clause. They noted that if the federal government wants different procedures for mail ballots, it should propose them to Congress. This decision puts the matter on a path to the U.S. Supreme Court, which will decide whether to hear the case before polls close.

California Attorney General Rob Bonta condemned the move as an escalating attack on elections officials. State and local officials vow to run the election as usual. Courts have supported their effort to continue processing ballots despite the federal intervention. The legal fight continues as hundreds of thousands of ballots are returned and counted over the weekend.