New subpoenas reach Northern California counties over alleged noncitizen voting ahead of midterm elections

New subpoenas in Northern California
Local officials told CBS News that several Northern California counties received fresh grand jury subpoenas concerning alleged noncitizen voting shortly before the midterm elections. Bloomberg Law had previously reported the subpoenas.
CBS News said it had contacted the Justice Department for comment. State and local officials have declined to separate ballots, citing doubts about the accuracy of the federal government’s list and concern that eligible voters could be disenfranchised.
Requests involving Los Angeles
Two weeks before the midterms, Los Angeles County officials received grand jury subpoenas seeking communications with federal officials about noncitizen voting. The requests also sought records on county procedures for identifying and screening noncitizens from voter rolls.
The initial response deadline was Wednesday, Nov. 4, a spokesperson for the Los Angeles Registrar-Recorder/County Clerk said. The deadline was later extended by a few weeks.
County officials challenge requests
A person familiar with the Santa Clara subpoena’s contents said it included similar requests. Santa Clara County counsel Tony LoPresti took a position similar to Sonoma County’s counsel, and both lawyers said they were still assessing the Justice Department’s document demands.
Sonoma County counsel Joshua Myers said the county was committed to fair and transparent elections and to access for eligible voters. Myers said the county saw no legal basis for the federal request to separate ballots. Santa Clara County had also received a grand jury subpoena on the subject in recent weeks.
Federal cases and court order
Federal prosecutors in California have filed criminal charges against several dozen people they allege may have voted unlawfully in earlier elections. A federal judge ordered the Justice Department to stop threatening state and local election officials in the days before the election. The U.S. Court of Appeals for the Ninth Circuit later lifted that order.
Key points
- Several Northern California counties received grand jury subpoenas over alleged noncitizen voting.
- Officials cited concerns about the accuracy of the federal list and potential harm to eligible voters.
- Los Angeles’ deadline to provide records was extended by a few weeks.
- Federal prosecutors charged several dozen people they allege may have voted unlawfully in prior elections.

