The U.S. Department of Justice has sent letters to election officials in several states warning that they could face criminal prosecution if they knowingly leave noncitizens on their voter rolls or allow noncitizens to receive, cast, or have ballots counted in federal elections.
The letters are the latest example of the Trump administration exercising unusual scrutiny over the way states run elections. At the same time, they are unlikely to have an immediate practical effect, as every state already has rules and procedures to prevent noncitizen voting.
A July 7 letter to Michigan Secretary of State Jocelyn Benson, obtained by Votebeat, says federal law requires state and local election officials to maintain election records and take steps to ensure that only eligible U.S. citizens vote in federal elections. Signed by Assistant Attorney General for Civil Rights Harmeet Dhillon, the letter gives Michigan five days to explain how it will ensure compliance with federal law at both the state and local levels.
“State election officers, including the chief election officer of the state, could be criminally prosecuted for aiding and abetting” violations of federal laws barring noncitizens from voting, the letter says. It adds that “knowingly retaining noncitizens” on Michigan’s statewide voter-registration list, sending them ballots, and counting those ballots would constitute the “procurement, casting, or tabulation” of ballots known to be false.
At least 13 other states, including Arizona, Georgia, Kentucky, and Tennessee, received letters containing identical language. More states likely received the letter as well but may not have immediately realized it; in several states, the Justice Department sent the letter to the generic email addresses listed on agency websites for use by the public.
“I had to go look for it,” said one state election official, who asked not to be named.
The Department of Justice did not immediately respond to a request for comment.
None of the state election officials contacted by Votebeat expressed concern over the letter.
Robert Sinners, a spokesperson for the Georgia secretary of state’s office, said the office “has led the nation in keeping American elections for American citizens only” through citizenship audits and securing improvements to the federal database to check citizenship implemented under Secretary Brad Raffensperger.
Other states also defended their handling of voter eligibility checks.
“Arizona election officials have always worked to ensure that only eligible citizens are registered to vote, and we will continue following Arizona law—not directions that come from political rhetoric or intimidation,” said Arizona Secretary of State Adrian Fontes in a statement.
Michigan secretary of state spokesperson Angela Benander said the office has been “open and transparent about our work to ensure only eligible citizens can register and vote in Michigan” and that the Department of Justice was aware of Michigan’s processes.
“While all this information is either in the DOJ’s possession or easy reach, we will be happy to provide it again to help address any confusion,” she said.
David Becker, executive director of the nonpartisan Center for Election Innovation and Research, said election officials are unlikely to be intimidated by the warnings, but responding to repeated federal demands is draining time and attention from their work.
“It’s not a threat to the public servants who run elections, but it is exhausting,” he said.
Letters follow failed attempts to advance Trump voting agenda in court
According to Becker, the letters look less like the beginning of a criminal investigation and more like an attempt to pressure election officials.
“If you really thought they committed a crime, you wouldn’t be sending them a letter,” Becker said. “You’d be bringing criminal indictments.”
Becker pointed to the Justice Department’s recent losses in voting-related cases as evidence that the department’s strategy has been more aggressive than successful. Key parts of President Donald Trump’s executive order on mail voting were recently blocked in court, and the Justice Department has yet to win a single lawsuit it has brought seeking access to state voter rolls.
Becker said that track record makes the letters look like “a last-ditch attempt” to intimidate election officials.
“It’s just sad,” he said.
Rick Hasen, an election law professor at UCLA, said the letters fit the administration’s pattern of sowing doubt in U.S. elections by raising the specter of noncitizen voting.
“This is in line with the Trump administration’s efforts to push the myth of mass noncitizen voting and to threaten and intimidate state and local election officials,” Hasen said. “They will try every lever and threat to keep this issue in the news.”
Justice Department says it wants to help states comply
The letter was accompanied by a four-page memo outlining election officials’ obligations under the Civil Rights Act, Voting Rights Act, National Voter Registration Act, and Help America Vote Act, including requirements to preserve election records, maintain accurate voter rolls, and verify certain information on voter-registration applications.
The memo, the letter says, is meant to outline “various responsibilities for state and local election officials under federal law and the potential criminal penalties for those who fail to carry out their duties.” Dhillon also frames the letter as an offer of help, writing that the Civil Rights Division “would like to assist” Michigan in complying with federal election laws.
The warning is part of a broader Justice Department push to examine state voter rolls and root out noncitizen voting ahead of the 2026 elections. Research and election audits have found that noncitizen voting is rare, even as proof-of-citizenship voting proposals have gained traction at the federal and state levels.
But the attached memo’s guidance also underscores a tension in the administration’s approach to election security. In a cybersecurity section, the Justice Department directs election officials to the Cybersecurity and Infrastructure Security Agency’s online Cybersecurity Toolkit and Resources to Protect Elections, telling them to follow “all applicable guidelines” to protect election systems from cyberthreats.
One of the resources linked through that CISA toolkit is the Center for Internet Security’s election-security page. The page remains online, but CISA ended federal funding earlier this year for CIS-run programs that had provided no-cost cybersecurity support to election offices.
Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.
