DOJ Warns State Election Officials of Criminal Prosecution for Allowing Noncitizens to Vote

The Justice Department has issued a direct warning to election officials across all 50 states and the District of Columbia, stating that they could face criminal charges if they knowingly permit noncitizens to register or vote in federal elections. In letters sent Tuesday by Assistant Attorney General for Civil Rights Harmeet Dhillon, states received five days to detail their compliance plans with federal voter eligibility laws and outline steps to maintain accurate voter rolls free of ineligible voters.

The letters emphasize that any election officer, including a state's chief election official, who retains noncitizens on voter lists or facilitates their receipt and casting of ballots may be subject to criminal liability under federal statutes. Dhillon highlighted the seriousness of the issue, noting that even one illegal vote cancels out a lawful citizen's ballot. “Every person who votes illegally that cancels your or my vote is one too many for me, and I think it should be for every citizen, because it’s a sacred right,” she stated. She expressed hope that prosecutions would not be necessary but stressed the need for compliance.

Federal reviews have identified tens of thousands of noncitizens on state voter rolls, prompting recent prosecutions. The department cited cases including an Australian citizen charged earlier this week with illegal voting in federal elections. In states cooperating with voter roll cleanup efforts, officials uncovered hundreds of thousands of deceased individuals and tens of thousands of noncitizens still registered. Specific state data includes North Carolina identifying around 34,000 deceased voters and Michigan removing over 1.4 million registrations since 2019 to clear ineligible entries. An ongoing Ohio audit flagged 62 potential noncitizen registrations.

The warnings align with broader administration efforts to enforce voter integrity ahead of the 2026 elections. The DOJ is pushing for passage of the SAVE America Act, which would mandate proof of citizenship and photo identification for voting. Election monitors have been dispatched to jurisdictions in Arizona, Massachusetts, Michigan, Minnesota, New Hampshire, and Virginia—areas with histories of voting process issues such as printer glitches, system failures, and extended wait times.

Dhillon noted concerns over large states like California, where hundreds of thousands of individuals without verified citizenship records may remain on rolls. The department has initiated lawsuits against more than 20 states, including California, for failing to provide unredacted voter files needed for verification.

State officials have raised objections in some cases, with local leaders in Detroit describing the monitoring rationale as baseless. Dhillon countered that election crimes directly harm lawful voters and that a lack of prior enforcement culture has allowed problems to persist. She framed the current actions as essential to restoring accountability and protecting the integrity of the electoral process.

These measures reflect the administration's commitment to ensuring only eligible citizens participate in federal elections, with clear consequences for officials who fail to uphold federal requirements. States must now demonstrate proactive steps to remove ineligible voters or risk legal action.