The Department of Justice's Civil Rights Division has alerted state election officials in at least six states to potential criminal penalties for failing to uphold federal laws related to elections, including preventing noncitizens from voting. The warnings come as the department seeks to reinforce federal oversight of election processes ahead of the midterm elections.
Harmeet Dhillon, Assistant Attorney General for Civil Rights at the DOJ, stated in letters obtained by ABC News that the division is authorized to pursue criminal violations in addition to seeking injunctive relief for breaches of federal election laws. The letters were sent to states including Nevada, Arizona, and Colorado.
One election official who received a letter described it as "threatening." The DOJ's correspondence serves as a notification of federal laws governing state and local elections, emphasizing that election officials are federally mandated to maintain accurate voter records and ensure only eligible U.S. citizens cast ballots in federal elections.
The letters request a response within five days detailing the state's plan for ensuring compliance with these federal mandates. Nevada Secretary of State Francisco Aguilar stated that existing safeguards already prevent ineligible individuals, including noncitizens, from voting. He characterized the DOJ's request as an effort by the Trump Administration to sow doubt about election integrity before the midterms.
While noncitizen voting is illegal and considered rare by experts, President Donald Trump has frequently claimed, without providing evidence, that it is widespread. A 2017 study by the Brennan Center found that in 42 jurisdictions examined, noncitizen voting constituted approximately 0.0001% of votes cast in the 2016 election.