DOJ warns states of possible prosecution over noncitizen voting
FILE-A voting booth as voters cast ballots at a polling location inside McKinley Technology High School during a primary election in Washington, D.C. on Tuesday, June 16, 2026. (Graeme Sloan/Bloomberg via Getty Images)
The Department of Justice sent letters to elections officials nationwide warning them that they could face potential prosecution if noncitizen ballots are counted in an election.
Letters from the DOJ’s Civil Rights Division were sent to election officials for all 50 states and Washington, D.C. informing them that they and other election administrators may face criminal charges if they knowingly allow nonvoters to vote or remain on voting rolls, The Associated Press reported.
The letter, signed by Assistant Attorney General Harmeet Dhillon, who heads the DOJ’s Civil Rights Division, is giving state officials five days to explain how they intend to deter illegal voting.
RELATED: Justice Department sues 5 more states in push for voter data
Meanwhile, the letter also states that election officials "could be criminally prosecuted for aiding noncitizen voting," while warning state election officers that they face criminal liability for knowingly retaining noncitizens on a voting registration list or assisting noncitizens with obtaining and casting ballots.
News of the letters marks the latest move in the DOJ’s crusade to gain more federal control over state elections. Last year, the agency sued states to obtain voter data from state election officials.
DOJ files lawsuits against states for voter data
The backstory:
In 2025, the Department of Justice filed multiple lawsuits against states to obtain its voting data. On Sept. 18, 2025, the agency sued Oregon and Maine because the states failed to submit voter registration lists.
And a week later, the DOJ filed lawsuits against California, Michigan, Minnesota, New York, New Hampshire, and Pennsylvania on Sept. 26, 2025, with agency officials accusing the states of not responding adequately to inquiries about how they maintain their voter data.
Last year, approximately 10 Democratic secretaries of state requested that the Trump administration provide more information about its attempts to gain statewide voter registration lists.
The Source: Information for this story was provided by The Associated Press, Reuters, and previous FOX Local reporting. This story was reported from Washington, D.C.