Subpoenas reach Los Angeles election staff as federal judge rejects ballot hold

The Los Angeles County Registrar-Recorder's office confirmed Thursday that it received grand jury subpoenas for employees last week.

The office confirmed the subpoenas to NPR. Reporting by The New York Times first said at least two employees at the registrar's office were served subpoenas with instructions to appear in court on Nov. 4. It is unclear whether the staff who received the subpoenas are the targets of a criminal investigation at this point. A Justice Department spokesperson did not respond to a request for comment about the subpoenas.

The subpoenas arrived as the Justice Department presses California election officials over voters flagged as likely noncitizens. In recent weeks, the department sent letters to local election officials in California warning they could "risk significant federal scrutiny and legal exposure" if they refuse to set aside ballots tied to people federal officials have identified as "likely" noncitizens. The letters stated: "If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime."

A day before the subpoenas were reported, U.S. District Judge David O. Carter rejected the department's request that California election officials set aside and stop processing ballots for thousands of voters on a list of 20,000 names federal officials describe as likely noncitizens. Carter found no legal basis for the demand and wrote that he was not convinced the list was reliable. He also raised concerns that the effort would disenfranchise eligible voters and create election chaos. The Justice Department is appealing his ruling to the 9th Circuit Court of Appeals.

At a hearing in Carter's courtroom Tuesday, the judge told Justice Department officials, "This court believes it would be wise that any threats to state and county elected employees cease immediately." Carter repeated the message in an order issued Wednesday evening: "The court reiterates what it said yesterday: these threats must stop."

Los Angeles County Registrar-Recorder Dean Logan responded in a statement Thursday. "Judge Carter's admonishment about threats directed at election officials on Tuesday was well placed and appreciated," Logan said. "At every step, the U.S. Department of Justice has taken a confrontational, adversarial approach. Election officials are acting in accordance with state and federal law." He added that the office will take whatever steps are needed to ensure employee safety while serving Los Angeles County voters.

The subpoenas direct at least two registrar employees to appear in court on Nov. 4.