Federal court subpoenas Shasta elections official, instructs him to bring voted ballots to Sacramento

A federal court has formally ordered Shasta County elections official Clint Curtis to testify before a grand jury. Instructions included in the subpoena indicate it’s likely he’ll testify about June primary ballots he’s referred to as “suspect.” 

The U.S. District Court for the Eastern District of California subpoenaed Curtis to appear in court on Sept. 24, according to the document, which was provided by a county source and confirmed by Deputy County CEO Stewart Buettell. 

Curtis was also instructed to bring with him election-related materials from the June primary, including tens of thousands of voted ballots, when he appears in the Sacramento court. It’s not clear whether Curtis transferring those records to the court would run afoul of a new California law that prohibits removing ballots from the custody of an elections official.

By text yesterday, Curtis said he would be able to discuss the subpoena today. So far today, he has not responded to requests for comment. 

Curtis’ concerns about June ballots became public in July, when he said he had contacted federal officials in hopes they’d investigate what he began referring to as “suspect” ballots from the election that took place a month prior. Curtis administered that election and also appeared on the ballot, losing to former Assistant Registrar of Voters Joanna Francescut. Despite certifying the results, he has since said that some ballots did not look, feel or smell right.

The federal subpoena, which was sent on Sept. 10, referred to a request for “preservation, inspection, sampling, and production” and asked Curtis to produce voter identification envelopes, vote records and voted, spoiled, canceled and unused ballots. Complying with that instruction, which specified that he should produce paper records, would require the movement of the more than 55,000 ballots cast in the June election. 

That may be of concern to state authorities, as California passed a law earlier this year that restricts ballots from being taken from the custody of elections officials. California’s Department of Justice has not yet responded to a request for comment, and the Secretary of State’s Office declined to comment. 

The law also prohibits law enforcement from interfering with state elections. An FBI agent was included as a point of contact on the subpoena, but it’s unclear what role the FBI may be playing in this case. The agency did not immediately respond to a request for comment. 

Last month, Curtis said he had locked the “suspect” ballots in a room at the elections office in hopes of the FBI investigating them. He said the keys had been destroyed, and that the only way to access the ballots is if someone uses a bolt cutter to break the locks.

To comply with the court’s request, Curtis would have to open that room and find a way to safely transport all of the ballots — and other voting records — to Sacramento, something which would require additional security considerations. 

Deputy CEO Buetell said he could not comment on whether the county is assisting with these logistical challenges or whether Curtis has sought county counsel in regard to the subpoena. 

Annelise Pierce contributed reporting for this developing story.

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