Newsom asks California's chief federal judges to scrutinise any warrant requests to seize ballots before certification

California Governor Gavin Newsom sent a letter on Saturday 31 October to the chief judges of the state’s four federal district courts, warning that federal agents could seek search warrants to seize ballots, election records or voting equipment before the results of Tuesday’s elections are certified.

“I have grave concerns federal agents will seek search warrants to seize ballots and ballot materials before the election results are certified,” Newsom wrote, according to the letter published by his office. He said he was “not writing in connection with any warrant application currently pending” and was unaware of any.

Newsom said acting Deputy Attorney General Trent McCotter had sent letters warning state and local election officials of legal jeopardy if they did not comply with federal demands, and that Bilal Essayli, first assistant US attorney for the Central District of California, had threatened on social media to prosecute officials who process ballots cast by people the government says may be non-citizens. Newsom said California’s chain-of-custody and retention laws already preserve ballots under court supervision, so there was “no legitimate law enforcement reason” to seize them.

He enclosed a September guide from UC Berkeley’s Edley Center on Law and Democracy on assessing search warrants for election materials, for judges who may consider applications before California certifies its results on 11 December.

Federal prosecutors have issued grand jury subpoenas to three Los Angeles County election officials, ordering them to appear the day after the election, the San Francisco Standard reported. The Justice Department and the White House did not immediately respond to the outlet’s requests for comment.

Earlier: Federal judge bars Trump administration from threatening election officials over ballots before Tuesday’s midterms.