The U.S. Department of Justice has warned election officials across the country that they could face criminal prosecution if they fail to comply with federal voter eligibility requirements related to noncitizen voting.
The letters, sent to election authorities in all 50 states and Washington, D.C., were confirmed by a Justice Department spokesperson on Tuesday. Officials were given five days to explain how they are ensuring compliance with federal election laws and maintaining accurate voter registration records.
The notices were signed by Harmeet Dhillon, who leads the Justice Department’s Civil Rights Division. The department said the action was intended to encourage states to meet their legal obligations and ensure that only eligible citizens participate in federal elections.
According to the letters, election officials could potentially face criminal liability if they knowingly allow noncitizens to remain on voter registration lists or assist them in voting. The department also warned that actions intended to reduce the voting power of eligible citizens could violate federal law.
The move comes amid continued debate over election security, with Donald Trump and his administration repeatedly raising concerns about noncitizen voting. Election experts and researchers have found that noncitizen participation in federal elections is extremely uncommon.
Several state officials, including Jocelyn Benson, Francisco Aguilar, and Deidre Henderson, said they received the Justice Department’s letters.
Henderson criticized the warnings, describing them as an unusual step and arguing that state election officials are already following existing state and federal laws. She also raised concerns about previous federal requests for voter registration data, which she said had faced legal challenges.
The Justice Department’s latest action follows a broader effort by the administration to increase federal oversight of state election systems. The department has sought access to voter registration information from multiple states, while some states have resisted those requests.
Federal lawsuits have been filed against several states and Washington, D.C., over access to voter data. Some courts have rejected the Justice Department’s efforts, creating ongoing legal disputes over federal authority and state control of election administration.
Election officials and voting rights groups have continued to debate how to balance election security measures with privacy protections and the authority traditionally given to states to manage elections.
