Trump administration threatens states with criminal charges in elections fight
State officials call federal demands for voter data ‘truly bizarre behavior’ amid unproven noncitizen voting claims
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The US Department of Justice sent letters to election officials in every state threatening potential criminal charges for officials if noncitizens vote, an escalation in an ongoing push by the federal government
As Donald Trump’s administration pushes to exert greater control over elections, the justice department confirmed letters went out to all 50 states and the District of Columbia, “asking for voluntary compliance in a timely manner with their obligations under federal law to ensure only citizens vote in federal elections”
The letters go through federal laws and potentially criminal liability if they are broken. Any election officer, the letter states, who “knowingly retains noncitizens” on state voter lists or “facilitates noncitizens in receiving and casting ballots” could face criminal charges, wrote Harmeet K Dhillon, the head of the department’s civil rights division
“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 letter concludes with a request that states respond within five days to inform the justice department how it will ensure compliance with federal laws “and how the Department can assist in those efforts”
The letters to state officials come as the federal government has tried, largely unsuccessfully, to increase its control over elections, which are administered by state and local officials nationwide
The Trump administration, including the president himself, has frequently claimed without evidence that troves of noncitizens are swaying elections in the US. There is no proof that noncitizens are voting in large numbers in US elections. States regularly maintain voter rolls to remove people who are ineligible to vote for various reasons
Threatening criminal charges escalates a longstanding back and forth between the federal government and the states over voter data. The federal government has previously sought access to state voter rolls, which contain the personal data of millions of Americans. States have refused to turn the data over, resulting in lawsuits that the administration has been losing
Deidre Henderson, Republican lieutenant governor of Utah and the state’s top elections officer, wrote on the social media site Threads that she had received a “love letter” from the federal government, “sprinkled throughout with threats of criminal prosecution”
“I’m sure I’m not the only chief election officer of a state who is being targeted for following state and federal laws by resisting DOJ’s demands for private voter data that have thus far been ruled illegal by at least a dozen courts,” Henderson wrote. “This is truly bizarre behavior by the federal agency that is supposed to be protecting civil rights.”
Adrian Fontes, Democratic secretary of state in Arizona, said it was “insulting” to insinuate that local elections officials weren’t properly maintaining voter lists, a key part of their jobs
“Arizona’s election officials take their oath to uphold the law seriously,” Fontes said in a statement. “Arizona election officials have always worked to ensure that only eligible citizens are registered to vote, and we will continue following Arizona law—not directions that come from political rhetoric or intimidation.”
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