The US Justice Department has escalated its dispute with California over election administration, with all four US attorneys in the state issuing subpoenas to employees of the Los Angeles County Registrar-Recorder, according to a person familiar with the matter. The Associated Press obtained copies of the documents, sent on 21 October, which order officials to appear in court on 4 November, the day after the midterm election. They demand records related to federal allegations of noncitizens on the state's voter rolls and the office's methods for screening for unlawful voting.
The subpoenas come amid an ongoing legal battle. The Trump administration has sued to force California to set aside up to 20,000 ballots it suspects went to noncitizens and not count them until citizenship can be verified.
Dean Logan, the Los Angeles County registrar, said threats and intimidation have no place in elections.
A district court judge on Tuesday rejected the administration's request. US District Judge David O. Carter argued that the Justice Department's demands were a clear violation of the National Voter Registration Act, which prohibits changes to voter rolls or election procedure within 90 days of an election. On Thursday, he appointed a special master to develop the factual record for the court.
President Donald Trump blasted the ruling before a campaign rally, calling California's elections "extremely corrupt" and claiming without evidence that there were, in his opinion, "millions" of "bad ballots." The Justice Department asked the 9th Circuit Court of Appeals to issue a fast ruling, arguing that "irreversible ballot processing" was occurring.
Court filings say over 500,000 votes had already been processed in Los Angeles County alone. Carter argued that separating the ballots at this point would risk disenfranchising citizens and "wreak havoc" on the certification process. Both sides have acknowledged that the federal list of over 20,000 alleged noncitizen voters includes an unspecified number of US citizens.
An appeals panel previously heard the case. Two of the three judges wrote in separate concurrences that they would not support setting aside ballots this close to the midterms, while a dissenting judge argued that federal law bars noncitizens from voting and requires California to vet potentially illegal ballots before counting them.
Judge Carter will rule on the government's renewed request for a preliminary injunction after a hearing on 13 November. The county's certification deadline is 3 December. Separately, federal authorities have charged over two dozen foreign nationals in California in a sweep targeting people alleged to have illegally registered or voted.
Analysis
Why This Matters
- The standoff tests the balance of power between the federal government and a state over the administration of federal elections.
- The dispute directly affects the treatment of roughly 20,000 ballots, with potential implications for close midterm races.
- The case highlights the competing concerns of election integrity and the risk of disenfranchising legitimate voters.
Background
The Trump administration has made noncitizen voting a central focus ahead of the midterm elections. The Justice Department claims to have identified over 20,000 noncitizens on California's voter rolls. Federal law under the National Voter Registration Act prevents systematic voter roll changes within 90 days of a federal election. Both sides acknowledge the federal list is imperfect and includes some US citizens.
Key Perspectives
- Trump Administration: Alleges noncitizens are illegally voting and demands California verify the ballots before counting them, arguing the state is failing to uphold federal law.
- Judge David O. Carter: Ruled the administration's demands violated the National Voter Registration Act and risked disenfranchising citizens, appointing a special master instead of forcing the state to set aside ballots.
- Dean Logan (LA Registrar): Said threats and intimidation have no place in elections.
- 9th Circuit Majority: Previously indicated it would not support setting aside ballots this close to the midterms, questioning the accuracy of the federal list.
- 9th Circuit Dissenter: Argued federal law bars noncitizen voting and that failing to vet the ballots before counting them would cause irreparable harm.
What to Watch
- The court appearance of LA County officials in response to the subpoenas on 4 November.
- Judge Carter's ruling on the preliminary injunction request after a 13 November evidentiary hearing.
- The 9th Circuit's decision on the administration's appeal.
- Whether the state meets the 3 December certification deadline.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedTrump called California’s elections “extremely corrupt.”LAist: ““California is very corrupt. The elections are extremely corrupt. The judge should not have done that but we’ll appeal that, of course,” he told reporters.”
- SupportedTrump amended his estimate to “millions, in my opinion” of “bad ballots.”LAist: “Trump added without evidence that there are “hundreds of thousands” and then amended it to “millions, in my opinion” of “bad ballots” in California.”
- SupportedThe Justice Department subpoenaed California election officials in the ballot dispute.LAist: “Justice Department subpoenas CA officials in escalation of its scrutiny of local elections.”
- SupportedA judge rejected the Trump administration’s request to set aside up to 20,000 ballots before the midterms.LAist: “The Trump administration has sued to force California to set aside up to 20,000 ballots it suspects went to noncitizens and not count them until citizenship can be verified. A district court judge on Tuesday rejected that request”
- SupportedAll four U.S. attorneys in California were issuing subpoenas to Los Angeles County Registrar-Recorder employees, according to a person familiar with the matter.LAist: “The subpoenas were being issued by all four U.S. attorneys in California, according to a person familiar with the matter who insisted on anonymity to discuss an ongoing investigation.”
- SupportedThe subpoenas were sent on October 21 and ordered employees to appear in court on November 4, the day after the election.LAist: “The Associated Press obtained copies of three subpoenas sent Oct. 21 to employees of the Los Angeles County Registrar-Recorder, ordering them to appear in court on Nov. 4, the day after the election.”
- SupportedThe administration sued to set aside up to 20,000 ballots it suspects went to noncitizens and to withhold them until citizenship can be verified.LAist: “The Trump administration has sued to force California to set aside up to 20,000 ballots it suspects went to noncitizens and not count them until citizenship can be verified.”
- SupportedJudge Carter said the Justice Department’s demands violated the National Voter Registration Act, which bars changes to voter rolls or election procedures within 90 days of an election.LAist: “Carter, an appointee of Democratic President Bill Clinton, argued that the Justice Department’s demands were a clear violation of the National Voter Registration Act, which prohibits changes to voter rolls or election procedure within 90 days of an election.”
- SupportedOn Thursday, Carter appointed a special master to develop the factual record for the court.LAist: “A district court judge on Tuesday rejected that request, then on Thursday appointed a special master to evaluate the administration’s claims. U.S. District Judge David O. Carter did not specify the exact scope of special master Daniel B. Garrie’s responsibilities, but said he would be tasked with “developing the factual record” for the court.”
- SupportedCourt filings said more than 500,000 votes had already been processed in Los Angeles County alone.LAist: “Over 500,000 votes have already been processed in Los Angeles County alone, according to court filings.”
- SupportedBoth sides acknowledged that the federal list of more than 20,000 alleged noncitizen voters included an unspecified number of citizens.LAist: “Carter also said at the hearing that a special master could investigate California’s claims that it cannot logistically separate the ballots in time for the county election certification deadline on Dec. 3. The federal government has contested that assertion. It is not clear what would happen if a special master did find a substantial number of noncitizen voters on the federal government’s list or whether it would affect the certification of California’s election results. The 20,000 people on the DOJ’s list constitute only a small fraction of California’s 23 million voters. Trump administratio”
- SupportedFederal authorities charged more than two dozen foreign nationals in California in a sweep targeting people alleged to have illegally registered or voted.LAist: “Federal authorities have charged over two dozen foreign nationals in California as part of a statewide sweep targeting people officials allege have illegally registered or voted in U.S. elections.”