LOS ANGELES, California — The U.S. Justice Department has demanded records from California as part of a criminal investigation into alleged voting by noncitizens, Reuters reported on Thursday, October 29 — an escalation of the Trump administration's battle with the largest U.S. state just days ahead of Tuesday's midterm election.

Source: Reuters (via WABX)

According to Reuters, the Los Angeles County Registrar-Recorder's office received federal grand jury subpoenas last week seeking information about the agency's methods for detecting what the subpoenas call "unlawful voting by aliens" and preventing such ballots from being counted. Reuters said it saw copies of the subpoenas on Thursday. The Associated Press reported the subpoenas were being issued by all four U.S. attorneys in California, and that it obtained copies of two subpoenas sent to employees of the Los Angeles County Registrar-Recorder ordering them to appear in court on November 4 — the day after the election.

Source: Associated Press

The earlier development: a judge said no to setting ballots aside

The subpoenas are the newest step in a fight that moved through the courts this week. On Wednesday, U.S. District Judge David O. Carter rejected the Justice Department's request to temporarily block California from counting mail-in ballots from a list of about 20,000 voters the administration alleges are likely noncitizens. On Thursday, Carter appointed a special master, Daniel B. Garrie, to evaluate the administration's claims — a task the AP said would include developing the factual record for the court.

At a hearing on Tuesday, Carter said he wanted to vet the reliability of the federal government's list of more than 20,000 alleged noncitizen voters, noting there has been extensive debate about it and that both sides have agreed it includes an unspecified number of U.S. citizens. The AP also reported the special master could examine California's claim that it cannot logistically separate the ballots in time for the county election certification deadline on December 3. The 20,000 names are a small fraction of California's 23 million voters.

What the subpoenas seek

Reuters reported the subpoenas also seek records related to Los Angeles County's response to a series of Justice Department letters this month warning election officials they risk criminal exposure if they do not verify voters' citizenship status. City News Service, citing the New York Times, reported the new subpoenas seek copies of internal communications about the federal demands to county officials and the California secretary of state, along with records on screening methods. At least two Registrar-Recorder employees received subpoenas last week, according to records the Times obtained through California's public records law.

Source: MyNewsLA / City News Service

Judge Carter had already warned federal prosecutors on Tuesday, at the end of the hearing on the ballot case, that "any threats to state and county elected employees cease immediately," City News Service reported. The Justice Department has also appealed in the ballot case — the second time the 9th Circuit Court of Appeals will consider it.

Background: a nationwide push, now at California's door

Reuters reported the demands are part of a nationwide Trump administration effort to identify voter fraud, and that acting Deputy Attorney General Trent McCotter told reporters on Thursday the department has charged 156 immigrants with voting or registering to vote unlawfully in a pre-midterm push, using subpoenas to state and local election officials to build such cases. The department previously filed a civil lawsuit against California and sent the warning letters this month. Critics, including Democrats cited in the reporting, say the effort risks sowing doubt about the results of an election that will determine control of Congress.

Why this matters for California's Punjabi and immigrant voters

California is home to one of the largest Punjabi communities in the United States, concentrated in the Central Valley — Fresno, Sacramento, Stockton, Bakersfield and Yuba City — and around Los Angeles, and many of its voters are naturalised U.S. citizens. The central dispute in this case is the accuracy of a government list: both sides in court have agreed the list of about 20,000 alleged noncitizens includes an unspecified number of citizens. For immigrant families, that is the practical stakes of the case — whether lawful voters could be flagged in error days before an election — alongside the legal fight over which level of government runs elections.

What happens next

The midterm election is Tuesday, November 3, and it will determine control of Congress. The subpoenaed Los Angeles County employees were ordered to appear on November 4, according to the AP. An evidentiary hearing in the ballot case has been reported for November 13, county certification is due December 3, and the Justice Department's appeal is heading to the 9th Circuit. It remains unknown which other counties or officials received subpoenas, whether anyone is a target, and what specific crime prosecutors are investigating — none of which the Justice Department has confirmed.