DOJ warns of criminal charges for state election officials if noncitizens vote

Justice Department Sends Compliance Letters to States on Voter Eligibility Laws

The Justice Department sent letters to election officials in all 50 states and the District of Columbia warning that they could face criminal prosecution for failing to prevent noncitizen voting in federal elections, a department spokesperson confirmed Tuesday. The letters, signed by Assistant Attorney General Harmeet Dhillon of the Civil Rights Division, require states to respond within five days detailing their compliance with federal voter eligibility requirements and their procedures for maintaining accurate voter lists.

“The Department sent these letters to all 50 states and the District of Columbia, asking for voluntary compliance in a timely manner with their obligations under federal law to ensure only citizens vote in federal elections,” the spokesperson said. The letters state that election officers could face charges for aiding and abetting noncitizen voting if they knowingly keep noncitizens on registration lists or allow them to receive and cast ballots. They also note that intentional actions diluting citizen votes could violate federal law.

USCIS reported in 2024 that existing federal laws are functioning as intended and that noncitizen voting in federal elections remains extremely uncommon. Michigan Secretary of State Jocelyn Benson, Nevada Secretary of State Francisco Aguilar, and Utah Lt. Gov. Deidre Henderson confirmed receiving the letters.

Henderson posted on social media that the letters contained “threats of criminal prosecution” and described them as “truly bizarre behavior.” She added that she was among officials “resisting DOJ’s demands for private voter data that have thus far been ruled illegal by at least a dozen courts.”

The letters form part of broader Justice Department efforts to enforce federal standards on state election administration. Some states have provided voter roll data in response to administration requests. The department has filed lawsuits against 30 states and Washington, D.C., that declined to supply the information. Eleven federal courts have dismissed those cases to date.

Federal statutes prohibit noncitizens from voting in federal elections and require states to maintain accurate registration records. The letters cite these provisions as the basis for the requested compliance explanations.