Federal prosecutors have served grand jury subpoenas on California election officials in a criminal investigation into claims that noncitizens are on the state's voter rolls, CBS News, ABC News and CalMatters reported Thursday. CBS News reviewed three subpoenas sent Oct. 21 to 24 to the Los Angeles County Registrar-Recorder's office. They seek the office's correspondence with Homeland Security Secretary Markwayne Mullin and acting Deputy Attorney General Trent McCotter, and its methods of "screening for unlawful voting by aliens." The same day, Judge David O. Carter appointed a special master in the federal ballot case and set a hearing for Nov. 13, AP reported.
The subpoenas move the department's citizenship dispute with California from a civil courtroom to a grand jury, five days before the vote.
The subpoenas AP obtained order county employees to appear on Nov. 4, the day after the election. The cover letter cites an "official criminal investigation" by Homeland Security Investigations, AP reported. At least one subpoena was served Thursday, after Carter wrote Wednesday that "these threats must stop," CalMatters reported. Carter denied the department's bid to set aside about 20,000 mail ballots on Wednesday. The department asked the Ninth Circuit late that night to rule quickly, AP reported. Reuters counted more than 100 department subpoenas to election offices in at least 13 states, at least 49 under grand jury authority.
- Special master Daniel B. Garrie will build the factual record before the Nov. 13 hearing.
- California counties must certify results by Dec. 3, AP reported.
The principals are the Justice Department; Bill Essayli, the first assistant U.S. attorney in Los Angeles; Carter; and Los Angeles County Registrar Dean Logan. County election workers, and the voters on the department's list, are the people most directly affected.
Disputedwhether a criminal inquiry during an election is ordinary enforcement or pressure on the people who run it.
The FramingsDepartment framing: criminal action is the "logical next step" after Carter's ruling, and "all agree that noncitizen voting is properly addressed through criminal law," a spokesperson told CBS News. Prosecutor framing, from Essayli: "Every minute that goes by, American citizen votes are being diluted in the state of California," the California Post reported. Election-official framing, from Logan: "Threats and intimidation have no place in elections," CBS News reported. Legal-scholar framing, from election-law professor Justin Levitt: a five-year statute of limitations means the records are not needed during the election, CalMatters reported.
The RecordThe subpoenas exist, and their dates and recipients are reported by CBS News, AP and CalMatters. No one in a California election office has been charged. Carter has not found any person on the department's list to be a noncitizen. Confidence that the subpoenas were served: certain. Confidence about what the grand jury will do: low.
What to watch: The Ninth Circuit's answer to the department's request. The Nov. 4 grand jury date in Santa Ana. Carter's Nov. 13 hearing.
Sources: ABC News, AP, CalMatters, CBS News, Reuters, The Sacramento Bee, Washington Examiner
