California Governor Gavin Newsom has warned federal judges that the Trump administration could attempt to obtain search warrants to seize ballots and related election materials before the results of Tuesday's midterm elections are certified.
In a formal letter sent to the chief judges of California's four federal judicial districts, Newsom voiced deep apprehension that federal law enforcement authorities might seek warrants for voting equipment and ballots whilst counting remains actively underway.
"I have grave concerns federal agents will seek search warrants to seize ballots and ballot materials before the election results are certified," Newsom wrote.
Whilst noting he is not aware of any warrant application actively pending, Newsom urged the judiciary to apply rigorous scrutiny to any future submissions from federal prosecutors.
Scrutiny over Justice Department moves
Newsom pointed to recent actions by the US Department of Justice, including warnings of potential legal liabilities issued to state and municipal election administrators who fail to comply with federal demands, alongside grand jury subpoenas directed at frontline election workers.
The governor maintained that California's existing chain-of-custody protocols and statutory retention mandates already guarantee that any potential ballot-related evidence is securely preserved, arguing that there is "no legitimate law enforcement reason" to confiscate equipment or materials indispensable to processing and tallying votes.
"The stakes for democracy and the rule of law are too high to consider any such application without additional scrutiny," Newsom emphasised in the correspondence.
To assist the courts, Newsom provided judges with legal guidance formulated by the UC Berkeley Edley Center on Law & Democracy regarding the evaluation of search warrants for election infrastructure, urging bench vigilance ahead of California's official certification deadline on December 11.
