The fight over California’s voter rolls just moved from a civil courtroom to a grand jury. On Thursday, federal prosecutors began sending California election subpoenas to state and local officials, Bloomberg Law reports. Justice Department leaders ordered the move a day after a federal judge refused to set aside up to 20,000 ballots.
Election Day is five days away. So the stakes are clear. Washington says noncitizens are on California’s rolls, and California says Washington cannot prove it. Now a grand jury may decide who is right.
Key Takeaways
- DOJ leaders told federal prosecutors in California to seek criminal grand jury subpoenas of election officials, Bloomberg Law reports.
- Three Los Angeles County election workers must appear at a federal courthouse on Nov. 4, the morning after Election Day.
- A federal judge rejected the DOJ’s demand to segregate up to 20,000 ballots on Wednesday.
- The judge found the government’s list of suspected noncitizens was not reliable enough to act on.
- Some federal prosecutors in California reportedly objected to the timing.
What the California Election Subpoenas Demand
Los Angeles County Registrar-Recorder Dean Logan’s office released copies of subpoenas sent to three employees, Politico reports. They must appear in Orange County on Nov. 4. The subpoenas seek letters between Secretary of State Shirley Weber and federal officials about alleged noncitizen voting. They also seek records on how officials screen out ineligible voters and any records showing illegal voting.
According to the Associated Press, those subpoenas were sent on Oct. 21 and Oct. 24. Bloomberg Law reports that a new batch went out Thursday. The Los Angeles U.S. attorney’s office, led by Bill Essayli, has been eager to investigate state officials, including Weber. Weber’s office did not comment.
The department would not discuss the subpoenas. Still, a spokeswoman said, “all agree that noncitizen voting is properly addressed through criminal law.”
Why a Judge Said No to the 20,000 Ballots
On Wednesday, U.S. District Judge David O. Carter denied the DOJ’s request, NBC Bay Area reports. He warned it would “wreak havoc and disrupt the election that is already underway.” More than 3.7 million Californians had already voted.
Carter also found the government’s evidence was not reliable enough. He pointed to errors in citizenship databases and to past efforts that flagged many citizens by mistake. That matters, because a list with false positives punishes legal voters too. In other words, a bad list does not protect elections. It undercuts the case against real fraud.
We have followed this case from the start. As we wrote when the Ninth Circuit turned the DOJ away, Washington simply started this fight too late.
Prosecute Illegal Votes. Don’t Scare Election Workers.
Conservatives should be clear about two things. First, noncitizen voting is a crime, and every illegal ballot cancels out a legal one. If anyone broke the law, prosecute them.
Second, the timing here is a problem. Subpoenaing county clerks for the morning after the election looks like pressure, not proof. Rank-and-file election workers did not write California’s laws. Even some federal prosecutors reportedly objected to a directive that could interfere with the vote.
The better path is simple. Show the evidence. Charge specific illegal voters, one by one, the way we urged in the Washington noncitizen case. Then pass proof-of-citizenship rules so this fight never lands days before an election again.
What Comes Next for the California Election Subpoenas
The officials can move to quash the subpoenas, Bloomberg Law notes. That fight could easily drag past the midterms. Meanwhile, California will keep counting ballots, and the DOJ’s civil case is still alive. The department says a civil remedy remains available.
Election integrity is a conservative cause, and it deserves a strong case. A rushed one helps nobody. For more straight talk on the midterms, visit World of Payne and follow the show on X, Facebook and Instagram.
