Grand jury subpoenas target two Los Angeles election staff

Two employees of the Los Angeles County Registrar-Recorder's office received grand jury subpoenas last week, according to a confirmation provided to NPR on Thursday. The documents order the staff members to appear in court on November 4. This development marks a sharp escalation in the conflict between the federal government and state election officials regarding the identification of noncitizens on voter rolls.

The U.S. Department of Justice (DOJ) has recently sent letters to local election officials in California. These letters warned that officials could face federal scrutiny and legal exposure if they refused to cooperate with demands to set aside ballots from individuals flagged as likely noncitizens. The DOJ asserted that staff who knowingly tabulate such ballots risk becoming aiders and abettors of a federal crime.

The subpoenas arrived one day after U.S. District Judge David O. Carter ruled against the department. Carter rejected the DOJ's request to compel California election officials to stop processing ballots for thousands of voters on a list of 20,000 names. The judge found no legal basis for the demand and questioned the reliability of the list. Carter also expressed concern that the effort would disenfranchise eligible voters and create chaos in the election process.

During a hearing on Tuesday, Judge Carter warned Justice Department officials to cease threats against state and county elected employees. He repeated this message in an order issued Wednesday evening, stating that the threats must stop. The DOJ is currently appealing his ruling to the 9th Circuit Court of Appeals. A department spokesperson did not respond to a request for comment regarding the specific subpoenas.

It remains unclear if the subpoenaed staff are the primary targets of a criminal investigation at this stage. Los Angeles County Registrar-Recorder Dean Logan addressed the situation in a statement on Thursday. He praised Judge Carter's admonishment and described the DOJ's approach as confrontational and adversarial. Logan stated that election officials are acting in accordance with state and federal law.

Logan added that the office will take necessary steps to ensure employee safety. The goal, he said, is to remain focused on serving the voters of Los Angeles County so they can exercise their voting franchise. The county's confirmation of the subpoenas follows earlier reporting by The New York Times that at least two employees had been served with the legal documents.