The U.S. Department of Justice is warning state election officials nationwide that they could face potential criminal penalties or prosecution if noncitizens are knowingly allowed to vote in federal elections. Multiple outlets report that the DOJ’s Civil Rights Division, led by the department’s civil rights head, has sent letters to election officials in all 50 states. The letters warn that election officers who knowingly retain noncitizens on statewide voter registration lists or who facilitate noncitizens receiving and casting ballots could be subject to criminal liability, including potential “aiding and abetting” theories.
Several reports say the DOJ letters require states to respond within a short deadline—reported as five days—describing how they comply with federal voter eligibility requirements. PBS reports that the letters include threats of arrests of state election officials under certain circumstances.
Other reporting places the warning within a broader context of the administration’s increased efforts to challenge noncitizen involvement in voting and prior litigation aimed at voter-roll and election-rule issues. Sources also note that the overall scale of noncitizen voting is widely described as very small.