The Justice Department sent letters to election officials in all 50 states and the District of Columbia on Tuesday, warning that they could face criminal prosecution if they knowingly allow noncitizens to vote or to remain on their voter rolls. Signed by Assistant Attorney General Harmeet Dhillon, who heads up the department’s Civil Rights Division, the notices demand a response within five days detailing how states will maintain “clean voter lists.”
Dhillon’s Five-Day Deadline and the Threat of Criminal Liability
The Justice Department is shifting from requests to threats. In identical letters sent to officials in states including Arizona, Michigan, and Maine, CBS News reports that Assistant Attorney General Harmeet Dhillon, head of the Civil Rights Division, explicitly warned of criminal liability for those who knowingly retain noncitizens on a state’s voter registration list or facilitate noncitizens in receiving and casting ballots.
The DOJ’s focus isn’t just on the act of voting, but on the administration of the rolls. The letters specify that any election officer who knowingly retains noncitizens on a statewide voter registration list (SVRL) or helps them cast ballots could be prosecuted.
The administration is also framing these actions as a matter of constitutional protection. According to NBC News, the letters state that an “intentional act that is aimed at diluting the votes of citizens could also constitute a violation” of federal law. This framing transforms routine list maintenance into a potential federal crime.
State Officials Label the DOJ’s Tactics as Intimidation
The reaction from state capitals has been swift and largely defiant. Election officials from both parties have characterized the DOJ’s approach as an overreach of federal power, particularly given the rarity of noncitizen voting in federal elections.
Arizona Secretary of State Adrian Fontes, a Democrat, rejected the premise that his office is failing to secure the rolls. He described the insinuations as “insulting” to county recorders and asserted that Arizona officials will follow state law rather than “directions that come from political rhetoric or intimidation,” as reported by Democracy Docket.
The pushback isn’t limited to Democratic officials. Utah Lt. Gov. Deidre Henderson, the state’s top election official, called the threats “truly bizarre behavior” on social media. She noted that she is being targeted for resisting DOJ demands for private voter data—demands that she claims have been ruled illegal by at least a dozen courts.
The Battle Over Unredacted Voter Rolls and the 90-Day Purge Rule
These letters are not an isolated event; they are the latest escalation in a broader campaign to seize unredacted voter rolls. The DOJ has sued 30 states and Washington, D.C., to obtain this data. The stated goal is to screen for noncitizen voters, but CBS News reports that the DOJ intends to share this data with the Department of Homeland Security (DHS) for potential criminal and immigration enforcement.
So far, the DOJ’s legal strategy has struggled. Eleven different federal courts have dismissed the department’s efforts to seize the rolls. Most recently, the U.S. Court of Appeals for the Sixth Circuit affirmed a ruling in favor of Michigan.
Beyond the data fight, the DOJ is challenging a critical safeguard: the National Voter Registration Act’s 90-day “quiet period.” This rule generally prevents systematic voter purges close to a federal election. However, the DOJ’s memo claims this cutoff does not apply to the removal of noncitizens, despite acknowledging that the Eleventh Circuit Court of Appeals has held a contrary position.
Executive Orders and the Push for Proof of Citizenship
The current DOJ pressure campaign aligns with several other administration efforts to tighten voter eligibility. This includes a push for the SAVE America Act, which would require voters to show proof of citizenship in person during registration.
The administration's approach has also involved executive action, though it has faced immediate judicial roadblocks. Postal Service from mailing ballots to anyone not on those lists was blocked by a federal judge.
The stakes now move from the courtroom to the individual election official. By threatening criminal prosecution for “aiding and abetting” noncitizen voting, the DOJ is attempting to bypass the judicial losses it has suffered in its quest for voter data, instead using the threat of jail time to compel “voluntary compliance” from the states.
