DOJ Disseminates Election Notice Re: Noncitizen Voting

The Department of Justice is sending a clear message to election officials across the country ahead of the upcoming midterm elections: federal law prohibits noncitizens from voting in federal races, and officials who knowingly allow it to happen could face criminal consequences.

According to The New York Times, Assistant Attorney General Harmeet Dhillon, who leads the Justice Department’s Civil Rights Division, sent letters to election officials in all 50 states and the District of Columbia outlining the department’s expectations for compliance with federal election law.

The letters warn that election officials who knowingly keep noncitizens on voter rolls or facilitate their participation in federal elections could be held personally liable under federal law.

“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.

In addition to citing federal statutes that prohibit noncitizens from registering or voting in federal elections, the letters ask each state to respond within five days explaining how election officials are complying with those laws at both the state and local levels.

The Justice Department also offered to work with states on maintaining accurate voter rolls.

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

The nationwide effort comes as the department continues reviewing how states maintain voter registration records, an initiative that has drawn resistance from some state governments concerned about federal involvement in election administration.

At the same time, the Justice Department announced that federal election monitors will observe upcoming primary elections in Detroit, Lansing, and East Lansing, Michigan.