The Justice Department is warning state election officials that they could face criminal penalties if they fail to carry out their responsibilities under federal election law, including measures designed to prevent noncitizens from voting in federal elections.
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Assistant Attorney General for Civil Rights Harmeet Dhillon sent letters to election officials in at least six states, including Arizona, Colorado and Nevada, reminding them of the department’s enforcement authority, according to letters obtained by ABC News.
“In addition to the Civil Rights Division’s authority to seek injunctive relief for violations of these laws, we are also authorized to prosecute criminal violations,” Dhillon wrote.
The letters state that federal law requires state and local election officials to maintain election records and take steps to ensure that only eligible U.S. citizens cast ballots in federal elections.
“Federal law mandates that state and local election officials properly maintain election records and undertake certain actions to ensure that only eligible U.S. citizens cast votes in elections for federal office,” the letters said.
The Justice Department also requested that states respond within five days outlining how they intend to comply with the applicable federal laws.
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According to ABC News, one state election official who received the letter described its tone as “threatening.”
The Trump administration has made preventing noncitizen voting a priority as it seeks to strengthen federal oversight of elections ahead of the midterm elections.
Nevada Secretary of State Francisco Aguilar defended his state’s election safeguards, saying existing protections already prevent ineligible individuals from casting ballots.
“There are already numerous safeguards in place to prevent noncitizens, or anyone ineligible to vote, from casting a ballot,” Aguilar said in a statement.
Aguilar criticized the Justice Department’s request, saying, “This new 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.”
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