The Department of Justice has reportedly subpoenaed California election officials who have refused to set aside mail-in ballots associated with up to 20,000 suspected noncitizens.
The move comes a day after a Clinton-appointed federal judge denied the DOJ’s bid to prohibit California from counting ballots that belong to voters whose citizenship is in question. The administration is applying extraordinary pressure on the state less than one week away from Election Day.
The federal grand jury subpoenas were sent to Los Angeles County Registrar-Recorder/County Clerk Dean Logan’s office. The request demands internal communications about the DOJ’s demands to Los Angeles County officials and California Secretary of State Shirley Weber and sets a meeting for Nov. 4, the day after the midterm elections. Details about the subpoenas were first reported by the New York Times and Bloomberg.
Logan denounced the DOJ’s “confrontational, adversarial approach” on the issue of sequestering thousands of ballots cast by alleged noncitizens. He also maintained that state election officials are complying with state and federal law, which prohibit noncitizen voting.
The dispute centers on a federal list identifying more than 20,000 people as likely noncitizens registered to vote in California. The DOJ argues that counting their ballots before verifying citizenship could dilute lawful votes and make improperly cast ballots impossible to identify once separated from their envelopes.
The department maintains it seeks verification before tabulation, rather than automatic cancellation of the ballots.
Bill Essayli, the U.S. attorney for the Central District of California, is leading the charge against California over the mail-in ballot issue involving suspected noncitizens. The state has not been complying with the DOJ’s demands.
U.S. District Judge David Carter ruled against the DOJ in the case on Wednesday, prompting federal lawyers to file an appeal. If the appeal doesn’t succeed, Essayli said he expects the Supreme Court to intervene.
JUDGE DENIES DOJ EFFORT TO ISOLATE 20,000 CALIFORNIA MAIL BALLOTS
Department leaders have suggested that California election officials may be liable for aiding and abetting criminal activity if they don’t hand over mail-in ballots cast by people who match the DOJ’s data. The newly issued subpoenas appear to be one step closer to prosecuting local election officials.
“The Department of Justice does not comment on leaks about alleged grand jury subpoenas,” a DOJ spokesperson said, according to Bloomberg. “But to be clear, the district court judge explained that voting unlawfully results in criminal exposure. Consistent with this, California also wrote in its filing that the remedy for unlawful voting is through criminal prosecution. Thus, while DOJ maintains that a civil remedy is still available, all agree that noncitizen voting is properly addressed through criminal law.”