The U.S. Department of Justice (DOJ) has warned election officials across the country that they could face criminal penalties if they knowingly allow noncitizens to remain on voter rolls or to vote in federal elections, ramping up the Trump administration’s push for stronger election oversight in the lead-up to the midterm elections.
Assistant Attorney General for Civil Rights Harmeet Dhillon sent letters to election officials in all 50 states on Tuesday, July 7, giving them five days to explain how they are complying with federal laws designed to ensure that only eligible U.S. citizens vote in federal contests.
The letters describe the notice as part of the Justice Department’s effort to enforce election laws requiring states to maintain accurate voter registration records and to prevent ineligible individuals from participating in federal elections.
DOJ Warns Officials of Criminal Liability
According to the Justice Department, election officials who knowingly fail to meet those obligations could face criminal prosecution.
“Any election officer, including the chief election officer of the state, who knowingly retains noncitizens on the state’s voter registration list or facilitates noncitizens in receiving and casting ballots could be subject to criminal liability,” Dhillon wrote in the letters.
The department also reminded election officials that federal law authorizes both civil enforcement actions and criminal prosecutions for violations of federal election law.
State officials were instructed to provide written responses outlining the steps they are taking to comply with federal election requirements.
The Justice Department said it is encouraging voluntary cooperation while seeking assurances that voter registration systems are being properly maintained.
A department spokesperson said the letters were intended to ensure compliance with federal law requiring that only U.S. citizens vote in federal elections.
Trump Administration Expands Election Integrity Push
The latest action is a major effort by the Trump administration to tighten federal oversight of election procedures before voters head to the polls in the upcoming midterm elections.
President Donald Trump has repeatedly argued that stronger safeguards are needed to prevent noncitizens from voting, although documented cases remain extremely uncommon.
Federal law already prohibits noncitizens from voting in federal elections.
A study conducted by the nonpartisan Brennan Center for Justice found that noncitizen voting accounted for just 0.0001% of ballots examined across dozens of jurisdictions during the 2016 election.
Even so, the administration has continued making election integrity a central policy priority.
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Trump has urged Congress to pass legislation requiring proof of citizenship for voter registration and earlier this year signed an executive order aimed at strengthening federal oversight of voter eligibility. Parts of that order were later blocked by a federal judge.
The Justice Department has also pursued legal action against several states to obtain unredacted voter registration records, saying it wants to evaluate whether states are complying with federal requirements governing voter rolls.
The department has acknowledged that some voter registration information could also be shared with the Department of Homeland Security for additional screening.
States Push Back as DOJ Faces Court Setbacks
Those efforts have, so far, encountered resistance in court.
Multiple federal judges have rejected the Justice Department’s requests for voter records, and the U.S. Court of Appeals for the Sixth Circuit recently upheld one of those rulings in a Michigan case.
Several state election officials responded quickly after receiving the new letters, with Arizona Secretary of State Adrian Fontes rejecting suggestions that election officials in his state are failing to enforce election laws.
“The suggestion that Arizona election officials are failing to do their jobs is simply not supported by the facts,” Fontes said.
He added that Arizona election officials have consistently worked to ensure that only eligible citizens are registered to vote and said the state will continue following Arizona law.
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Nevada Secretary of State Francisco Aguilar also defended his state’s election system, saying existing safeguards already prevent ineligible individuals from voting.
“There are already numerous safeguards in place to prevent noncitizens, or anyone ineligible to vote, from casting a ballot,” Aguilar said.
He argued that the Justice Department’s latest request could weaken public confidence in elections as campaigning for the midterms begins to intensify.
The department said maintaining accurate voter registration records is a legal obligation under federal law and warned that officials who knowingly disregard those responsibilities could face legal consequences.
