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DOJ Warns States of Potential Criminal Penalties for Allowing Noncitizen Voting

Published July 8, 2026 at 1:16 PM UTC

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In a significant move ahead of the midterm elections, the U.S. Department of Justice (DOJ) has issued stern warnings to state election officials across all 50 states and the District of Columbia. The DOJ cautioned that officials could face criminal prosecution if they knowingly permit noncitizens to vote or remain on voter registration lists. The letters, signed by Assistant Attorney General Harmeet Dhillon, emphasized that election officers who knowingly retain noncitizens on voter rolls or facilitate their voting could be subject to criminal liability. The DOJ has given state officials five days to respond, detailing how they intend to comply with federal laws ensuring that only eligible U.S. citizens cast ballots in federal elections. This directive has sparked concerns among election officials, with some expressing that the warnings are "threatening." For instance, Nevada Secretary of State Francisco Aguilar stated that the request "may seem straightforward, but it's just another attempt from the Trump Administration to create doubt surrounding our elections just ahead of the midterms." The DOJ's actions are part of a broader campaign to assert more federal control over state elections, a move that has sparked controversy and criticism. Election officials from states like Michigan, Nevada, and Utah have voiced concerns over the DOJ's demands. Utah Lt. Gov. Deidre Henderson expressed on social media that the DOJ's threats are "truly bizarre behavior." Despite these warnings, instances of noncitizen voting remain extremely rare. According to a 2017 study by the nonpartisan Brennan Center, noncitizen voting accounted for 0.0001% of votes in the 2016 election in 42 jurisdictions. The DOJ's Civil Rights Division has made the issue of noncitizen voting a priority, serving as a "notice" of the federal laws that apply to state and local elections. The letters request that the states respond within five days "informing us how the state... intends to ensure it is complying with these federal laws." The conflict between state and federal authorities over voter registration and election administration continues to deepen, with states largely resisting federal demands for sensitive voter data. The DOJ's actions reflect ongoing tensions about the balance of power in election oversight as the 2026 midterm elections approach.