The U.S. Department of Justice (DOJ) has sent letters to election officials in all 50 states and the District of Columbia, warning them of potential criminal penalties if they fail to prevent noncitizens from voting in federal elections. The letters, signed by Assistant Attorney General Harmeet Dhillon of the Civil Rights Division, give states five days to explain how they will comply with federal voter eligibility laws and maintain "clean voter lists."
Core Facts and Immediate Action
The DOJ’s letters emphasize that state election officers could face criminal prosecution for knowingly retaining noncitizens on voter rolls or facilitating their voting. The letters also note that intentional acts to dilute citizen votes could violate federal law. Several state officials, including Michigan Secretary of State Jocelyn Benson and Utah Lt. Gov. Deidre Henderson, confirmed receiving the letters.
Deeper Dive and Context
DOJ’s Legal Stance
The DOJ’s letters cite federal laws that prohibit noncitizen voting in federal elections. The letters also reference the potential for criminal liability under the Civil Rights Division’s authority to prosecute violations. The DOJ has been litigating against multiple states to obtain unredacted voter rolls, a move that has drawn scrutiny from election officials.
Political and Policy Implications
President Donald Trump has repeatedly claimed, without evidence, that noncitizen voting is widespread. He has pushed for stricter voter eligibility laws, including the SAVE America Act, which would require proof of citizenship to register to vote. Earlier this year, Trump signed an executive order to create federal voter lists and bar the U.S. Postal Service from mailing ballots to unlisted individuals, though a federal judge blocked the measure.
State Officials’ Reactions
Some state officials have criticized the DOJ’s letters as threatening. Utah Lt. Gov. Deidre Henderson described the letters as "truly bizarre behavior" on social media. Other officials, such as Nevada Secretary of State Francisco Aguilar, have not publicly commented on the letters.
Expert and Statistical Context
Experts and studies, including a 2017 report by the Brennan Center, indicate that noncitizen voting is exceedingly rare, accounting for 0.0001% of votes in the 2016 election in the jurisdictions studied. The DOJ’s letters come amid heightened scrutiny of election integrity ahead of the midterm elections.
Long-Term Implications
The DOJ’s actions could lead to increased federal oversight of state election processes. The letters may also prompt legal challenges from states that argue the DOJ is overstepping its authority. The focus on noncitizen voting continues a broader debate over election security and voter access in the U.S.