CalMatters and Shasta Scout sued Shasta County on Nov. 6 in Shasta County Superior Court after the county denied their California Public Records Act request for a federal grand jury subpoena concerning ballots from the June primary. The outlets argue that federal rules do not bar the county from releasing the copy it holds and that withholding it violates state records law, according to CalMatters. The court has not resolved the dispute.
Shasta County Registrar of Voters Clint Curtis said he received the subpoena on Sept. 10, Action News Now reported. Curtis also said FBI agents visited the room where the ballots were kept later that month; he showed them what was there, according to Action News Now and CalMatters. CalMatters and Shasta Scout have reported that Curtis questioned the integrity of the June election.
What the lawsuit says about disclosure
The plaintiffs argue that federal restrictions on grand jury material do not prevent Shasta County from releasing the subpoena it holds. They say disclosure would help the public understand the basis for the investigation and assess its effect on confidence in elections, according to CalMatters’ account of the lawsuit. Whether the federal rules apply to the county’s copy, and whether state records law requires its release, remain unresolved.
The complaint says eight other California counties, including Fresno, Imperial, Los Angeles, Orange and San Bernardino, released copies of federal grand jury subpoenas issued to election officials, according to CalMatters. That comparison does not establish that Shasta County is the only county to have withheld a copy.
Federal subpoenas beyond Shasta County
The Shasta lawsuit is unfolding amid federal inquiries into alleged noncitizen voting. CBS News reported that Santa Clara and Sonoma county officials confirmed receiving grand jury subpoenas from federal prosecutors in the Northern District of California. The outlet also reported that Los Angeles County received subpoenas seeking communications with federal officials about noncitizen voting. CBS described the inquiries as part of a Justice Department effort to set aside about 20,000 ballots it says were mailed to potential noncitizens: CBS News.
Federal Rule of Criminal Procedure 6(e)(3)(D) requires a government attorney who discloses grand jury information to file a sealed notice identifying the departments, agencies or entities that received it. The rule text, available from the U.S. Courts, does not by itself establish whether it governs the subpoena Shasta County holds or resolve the disclosure question in this lawsuit.
California’s routine ballot checks
Separate from the federal inquiry, California requires election officials to conduct a public manual tally during the official canvass of every election in which a voting system is used. The California Secretary of State says the tally report must identify differences between the machine count and the manual tally and describe how each was resolved, according to the Secretary of State.
