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The U.S. Department of Justice (DOJ) has issued a warning to election officials across all 50 states and Washington, D.C., threatening potential criminal charges over alleged noncitizen voting. On Tuesday (July 7), the DOJ confirmed that letters were sent demanding explanations within five days on how states plan to comply with federal voter eligibility laws and maintain "clean voter lists."
These letters, signed by Assistant Attorney General Harmeet Dhillon, emphasize that state election officers could face prosecution for "aiding and abetting" noncitizen voting. The letters specify that knowingly retaining noncitizens on voter rolls or facilitating their voting could lead to criminal liability. Despite these warnings, instances of noncitizen voting remain extremely rare.
The DOJ's actions are part of a broader campaign to assert more federal control over state elections, a move that has sparked controversy and criticism. Election officials from states like Michigan, Nevada, and Utah have voiced concerns over the DOJ's demands. Utah Lt. Gov. Deidre Henderson expressed on social media that the DOJ's threats are "truly bizarre behavior."
The DOJ has sued several states for not providing private voter data, although federal courts have dismissed many of these cases. According to Votebeat, the DOJ's efforts are seen as more of a pressure tactic than a genuine threat of prosecution.
Despite the DOJ's push, election officials and experts believe that the letters are unlikely to result in immediate legal action. David Becker, executive director of the Center for Election Innovation and Research, noted that the letters seem more like an attempt to intimidate rather than initiate criminal investigations.
The conflict between state and federal authorities over voter registration and election administration continues to deepen, with states largely resisting federal demands for sensitive voter data. The DOJ's actions reflect ongoing tensions about the balance of power in election oversight as the 2026 midterm elections approach.