The Department of Justice (DOJ) has warned election officials nationwide that they could face criminal prosecution if they knowingly allow noncitizens to remain on voter rolls, receive ballots, or participate in federal elections, adding to the administration’s broader effort to increase federal involvement in election eligibility enforcement.
The letters, sent to election officials in all 50 states and Washington, D.C., call on states to explain how they are ensuring that only eligible U.S. citizens can vote in federal elections.
The letters were signed by Assistant Attorney General Harmeet Dhillon of the DOJ’s Civil Rights Division and give states five days to explain how they are complying with federal election laws.
The DOJ said the effort is intended to help states meet their obligations to maintain accurate voter registration lists, preserve election integrity, and ensure that federal elections are limited to eligible citizens, according to Votebeat.
The department warned that state election officials, including chief election officers, could face criminal liability if they knowingly retain noncitizens on statewide voter registration lists, provide ballots to ineligible individuals, or allow unlawful ballots to be counted.
Those warnings were tied to federal laws, including the Civil Rights Act, Voting Rights Act, National Voter Registration Act, and Help America Vote Act, which the department cited as the foundation for election officials’ responsibilities.
The letters come as the administration continues efforts to expand federal oversight of voter eligibility reviews and encourage states to use additional verification tools.
Supporters argue that stronger safeguards help protect the votes of eligible Americans, improve confidence in elections, and ensure that voter rolls accurately reflect those legally permitted to participate.
Several state election officials pushed back against the DOJ’s warnings, arguing their offices already have procedures in place to verify voter eligibility.
Arizona Secretary of State Adrian Fontes (D) said election officials in the state have consistently worked to ensure only eligible citizens are registered and said they would continue following state law, Democracy Docket reported.
Michigan officials also said the DOJ was already aware of the state’s voter verification practices and that they would provide additional information if requested.
Other officials questioned the tone of the letters.
Utah Lt. Gov. Deidre Henderson (R) criticized the warnings as inappropriate, while election law experts and voting-rights advocates argued that noncitizen voting is extremely rare and warned that aggressive enforcement measures could create conflicts over voter access and registration reviews.
The DOJ letters follow previous legal battles over the administration’s efforts to obtain voter roll information from states.
The administration has argued that access to voter data is necessary to verify election eligibility and strengthen safeguards against improper registrations, while several states and voting-rights groups have challenged those efforts in court.
Critics say expanded reviews could lead to unnecessary voter removals, while supporters argue states need stronger tools to identify potentially ineligible registrations.
The DOJ memo also outlines requirements related to voter list maintenance, including provisions under the National Voter Registration Act that restrict certain systematic voter removals near federal elections.
The department argues those restrictions do not apply to individuals who were never legally eligible to register, while critics say the interpretation could create conflicts over how voter-roll reviews are conducted.
The latest warnings represent a new phase in the administration’s election enforcement efforts as states prepare for future elections.
While officials continue to debate the scope of federal authority and the proper balance between election security and voter protections, the DOJ maintains that ensuring only eligible citizens participate in federal elections remains a central responsibility under federal law.
