Department of Justice Urges Election Officials to Uphold Federal Laws on Voter Eligibility

Department of Justice Urges Election Officials to Uphold Federal Laws on Voter Eligibility


DOJ deploying federal election monitors to 6-states for 2026 primaries

Yesterday, the DOJ’s Assistant U.S. Attorney General Harmeet Dhillon sent letters to all 50 states and D.C. reminding election officials they may face criminal liability if they knowingly allow or retain ineligible voters—such as noncitizens— on their voter rolls or knowingly allow or facilitate ineligible voters to receive and cast ballots.

The 7-page letter included a 4-page memo outlining election officials’ obligations under federal law.

The DOJ is sending a clear message to state and local election officials: simply follow the law: Title III of the Civil Rights Act of 1960 (CRA), 52U.S.C. § 20701: the Voting Rights Act of 1965 (VRA), 52 U.S.C. § 10301; the National Voter Registration Act of 1993 (NVRA): 52 U.S.C. § 20501; and the Help America Vote Act of 2002 (HAVA), 52 U.S.C. § 20901.

Per 52 USC 20507; 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.

In addition, any individual who knowingly and willfully gives false information in registering to vote or in actually casting a vote is in violation of the VRA 52 U.S.C. § 10307(c). The Department also cites the NVRA 52 U.S.C. § 20511, which makes it a crime—punishable by fines and up to five years in prison—for election officials to knowingly and willfully deprive residents of a fair election process by retaining noncitizens on voter rolls or facilitating false or fraudulent ballots.

Officials have 5 days to respond, explaining their compliance with federal laws and how DOJ can assist.

This enforcement action underscores the DOJ’s commitment to ensuring that federal elections remain accessible only to eligible U.S. citizens, without overstepping into state administration but firmly insisting on compliance with longstanding federal requirements.

Maintaining accurate and clean voter rolls is a core responsibility under the NVRA and related federal laws. The DOJ’s letters serve as a timely reminder to all election officials nationwide that routine list maintenance—removing deceased individuals, those who have moved, or ineligible voters—is not optional but essential to election integrity.

By highlighting potential criminal liability for willful failures, the Department reinforces that proactive steps like cross-checking with federal databases protect the rights of lawful voters and prevent dilution of legitimate ballots. This approach promotes public confidence in the electoral system by addressing vulnerabilities that could otherwise undermine fair outcomes.

Ultimately, the DOJ’s emphasis on legal compliance benefits everyone by safeguarding the principle of one citizen, one vote. Election officials who diligently keep rolls current fulfill their duty to both state laws and federal standards, reducing the risk of fraud, disputes or last-minute challenges.

As midterm elections approach, this reminder encourages best practices in voter list maintenance, helping to ensure that every valid vote counts while ineligible participation is minimized. Adhering to these rules strengthens trust in elections for all legal voters.

Of note: AAG Dhillon also announced yesterday the DOJ will deploy federal election monitors to 15 jurisdictions across six states—Arizona, Michigan, Massachusetts, Minnesota, New Hampshire, and Virginia—for the 2026 primary election season. This is something the DOJ has done routinely for decades. The monitoring helps ensure real-time compliance that safeguards the integrity of the election process.

Thank you DOJ! By combining proactive legal notices with on-the-ground observers, the DOJ is reinforcing federal oversight duties to help improve voter confidence and show a clear commitment to fair, lawful elections that every eligible voter can trust.

FULL SUBSTACK ARTICLE HERE

 

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