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DOJ Sends Tough Message to All 50 States

“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 DOJ also reminded states that multiple federal statutes already prohibit noncitizens from registering or voting in federal elections. Officials were instructed to respond within five days, explaining how they intend to comply with federal law at both the state and local levels.

The letters ask states to describe “with these federal laws both at the state and local level and how the Department can assist in those efforts.”

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The latest warning comes as the Justice Department continues its broader effort to review state voter registration records and encourage states to keep voter rolls accurate. That initiative has faced resistance from several states that have challenged or pushed back against federal oversight.

In addition to the nationwide letters, the Justice Department announced that federal election monitors will be present during upcoming primary elections in Detroit, Lansing, and East Lansing, Michigan. The monitors are expected to observe election procedures as part of the department’s ongoing election oversight efforts.

The correspondence also references federal conspiracy laws, noting that coordinated efforts to deprive citizens of their constitutional rights can carry criminal consequences.

“We encourage you to contact us to discuss what steps your state should take to maintain clean voter lists as required by law,” she wrote.

The letters further emphasize that the Civil Rights Division possesses both civil and criminal enforcement authority when it comes to violations of federal election laws.

“In addition to the Civil Rights Division’s authority to seek injunctive relief for violations of these laws, we are also authorized to prosecute criminal violations,” the letters said.

The DOJ also reiterated the legal responsibility of election officials to preserve election records and verify that only eligible citizens participate in federal elections.

“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 said.

A Justice Department spokesperson confirmed that the outreach was sent nationwide as part of an effort to secure voluntary compliance with existing federal law.

“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,” a Justice Department representative said in a statement.

The DOJ’s latest action follows President Donald Trump’s executive order issued on March 31 directing federal agencies to strengthen citizenship verification measures in federal elections. The order argued that existing safeguards in some states are insufficient to guarantee that only eligible citizens cast ballots.

“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,” President Donald Trump wrote in a March 31 executive order that called for citizenship verification in elections.

The White House also released a fact sheet alongside the executive order outlining the administration’s rationale for pursuing additional election safeguards.

“Federal statutes explicitly prohibit non-citizens from registering to vote or casting ballots in Federal elections, yet lax verification and self-certification loopholes in some States have left gaps that undermine public confidence in election outcomes,” a fact sheet accompanying the order said.

The DOJ’s nationwide warning signals that federal officials intend to closely monitor compliance with election laws in the months ahead. By emphasizing potential criminal penalties and requiring states to explain how they will enforce citizenship requirements, the department has made election integrity a central focus heading into the next federal election cycle.

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