Justice Department sends grand jury subpoenas to California election officials after a judge rejects its ballot plan

What happened

The U.S. Justice Department has sent grand jury subpoenas to state and local election officials in California, CBS News reported, citing sources with direct knowledge and copies of the documents it reviewed. The subpoenas went out between Oct. 21 and Oct. 24.

According to CBS News, the move escalates a dispute over federal claims that California may have as many as 20,000 noncitizens registered to vote ahead of the midterm elections. The outlet described the step as an expansion of the department's voting probe.

The court ruling that came first

The subpoenas followed closely after U.S. District Judge David Carter in Los Angeles turned down a Trump administration request, CBS News reported. The administration had asked the court to require California election officials to set aside mail ballots from roughly 20,000 people it says are not U.S. citizens. Our earlier brief covered that ruling rejecting the DOJ ballot request.

Carter said granting the request would violate "longstanding constitutional principles" that give states the power to run their own elections. He also criticized the government for threatening to charge local officials who do not comply, writing that "these threats must stop."

What the subpoenas seek

Los Angeles County records

Three of the subpoenas CBS News reviewed were addressed to officials in the office of the Los Angeles Registrar-Recorder/County Clerk. They request documents on the county's correspondence with Homeland Security Secretary Markwayne Mullin and acting Deputy Attorney General Trent McCotter tied to discussions about noncitizen voting.

Screening methods and evidence

The subpoenas also ask for records and communications about the agency's methods for "screening for unlawful voting by aliens," according to CBS News. They seek other information connected to any evidence that may have been gathered about noncitizen voters.

How each side responded

Los Angeles County registrar

Los Angeles Registrar-Recorder/County Clerk Dean Logan pointed to the part of Carter's ruling that rebuked the government over threats to local officials. Logan said in a statement that the Justice Department has taken a confrontational, adversarial approach at every step, and that election officials are following state and federal law.

Logan said rulings at both the district court and the appeals court level have confirmed that position. "Threats and intimidation have no place in elections," he said, according to CBS News. He added that his office would take whatever steps are needed to keep employees safe and stay focused on serving Los Angeles County voters.

Justice Department

A Justice Department spokesperson told CBS News the agency does not comment on leaks about grand jury subpoenas. The spokesperson did say that criminal investigative action was the next logical step after Carter's ruling.

The spokesperson said the judge explained that unlawful voting carries criminal exposure, and that California itself wrote in a filing that the remedy is criminal prosecution. While the department maintains a civil remedy is still available, the spokesperson said "all agree that noncitizen voting is properly addressed through criminal law." More national and local voting coverage is on our elections page.

What to watch next

• The Justice Department's expanded voting probe, including the grand jury subpoenas sent to California state and local officials ahead of the midterm elections, as reported by CBS News.
• The department's stated position that a civil remedy is still available, despite Carter's ruling against separating the roughly 20,000 mail ballots.
• Steps by the Los Angeles Registrar-Recorder/County Clerk's office, which Logan said will do whatever is necessary to protect its employees while serving voters.