DOJ Disseminates Election Notice Re: Noncitizen Voting
The Department of Justice is putting every state on notice ahead of the upcoming midterm elections, warning that election officials who knowingly allow noncitizens to vote in federal elections could face criminal prosecution.
According to The New York Times, Assistant Attorney General Harmeet Dhillon, who leads the Justice Department's Civil Rights Division, sent letters to election officials in all 50 states and the District of Columbia outlining the department's position and requesting information on how each jurisdiction intends to comply with federal law.
The letters cite longstanding federal statutes that prohibit noncitizens from registering to vote or casting ballots in federal elections. Dhillon warned that election officials who knowingly fail to remove ineligible noncitizens from voter rolls or facilitate unlawful voting could expose themselves to criminal liability.
"Any election officer, including the chief election officer of the state, who knowingly retains noncitizens on the state's" voter list "or facilitates noncitizens in receiving and casting ballots could be subject to criminal liability," Dhillon wrote.
The Justice Department requested that states respond within five days, detailing how they are enforcing federal election laws at both the state and local levels and identifying any areas where federal assistance may be needed.
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The Justice Department is done asking nicely. Assistant Attorney General Harmeet Dhillon’s Civil Rights Division has… pic.twitter.com/E8BlbjrSY6
— M.A. Rothman (@MichaelARothman) July 8, 2026
The letters arrive as the department continues a broader effort to examine how states maintain their voter registration rolls, an initiative that has drawn resistance from some state officials. Federal law, including the National Voter Registration Act, establishes requirements for maintaining accurate voter rolls while also protecting eligible voters from improper removal.
In addition to the nationwide letters, the Justice Department announced that federal election monitors will observe upcoming primary elections in Detroit, Lansing, and East Lansing, Michigan.
According to CBS News, the letters also reference federal laws prohibiting conspiracies that deprive citizens of constitutional rights, emphasizing the department's authority to pursue both civil enforcement actions and criminal prosecutions where appropriate.
"We encourage you to contact us to discuss what steps your state should take to maintain clean voter lists as required by law," Dhillon wrote.
The letters further state that the Civil Rights Division is authorized not only to seek court orders requiring compliance with federal election laws but also to prosecute criminal violations when warranted.
"Federal law mandates that state and local election officials properly maintain election records and undertake certain actions to ensure that only eligible U.S. citizens cast votes in elections for federal office," the letters state, according to ABC News.
A Justice Department spokesperson told NBC News that the letters were intended to encourage voluntary compliance with existing federal law.
We @TheJusticeDept are proud to safeguard every American’s right to vote — and we will continue routine, nonpartisan election monitoring that’s been standard under both Republican & Democrat administrations for decades.
We enforce the law equally. Stay tuned for more! pic.twitter.com/OjSkct9LDU— AAGHarmeetDhillon (@AAGDhillon) July 7, 2026
"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 department's actions follow President Donald Trump's March 31 executive order directing federal agencies to strengthen citizenship verification in federal elections.
"The right to vote in Federal elections is reserved exclusively for citizens of the United States under the Constitution and Federal law. Federal statutes explicitly prohibit non-citizens from registering to vote or voting in Federal elections and impose criminal penalties for violations," the executive order states.
A White House fact sheet accompanying the order argues that while federal law already prohibits noncitizen voting, inconsistent verification procedures and reliance on self-attestation in some jurisdictions have created vulnerabilities that the administration says should be addressed.
Federal law has long barred noncitizens from voting in federal elections. The Justice Department's latest letters signal that the administration intends to place greater emphasis on enforcing those laws and ensuring states demonstrate how they are complying with existing legal requirements ahead of the midterms.