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 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.

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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.

According to CBS News, the letters also reference federal conspiracy statutes, noting that it is a crime for individuals to work together to deprive others of their constitutional rights.

The department emphasized that its authority extends beyond civil enforcement.

“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,” the letters state, according to ABC News.

The letters further remind election officials that federal law requires proper maintenance of voter registration records and measures to ensure that only eligible citizens vote 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 state.

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A Justice Department spokesperson said the effort is intended to encourage voluntary compliance with existing federal law.

“The Department sent these letters 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 spokesperson told NBC News.

The initiative follows President Donald Trump’s March 31 executive order directing federal agencies to strengthen citizenship verification in federal elections.

“The right to vote in Federal elections is reserved exclusively for citizens of the United States under the Constitution and Federal law. Federal statutes explicitly prohibit non-citizens from registering to vote or voting in Federal elections and impose criminal penalties for violations,” Trump wrote in the order.

A White House fact sheet accompanying the executive order argued that while federal law already bars noncitizens from voting in federal elections, inconsistent verification procedures and reliance on self-attestation in some jurisdictions have left gaps that the administration believes should be addressed.