DOJ Issues Nationwide Warning to State Election Officials on Noncitizen Voting Liability

The U.S. Department of Justice has sent letters to election officials in all 50 states and the District of Columbia warning that officials could face criminal liability for knowingly retaining noncitizens on voter rolls or facilitating their voting in federal elections. Signed by Assistant Attorney General for Civil Rights Harmeet Dhillon on July 7, 2026, the letters cite federal laws including the National Voter Registration Act and emphasize requirements to maintain accurate voter lists limited to U.S. citizens.[1][2]

A DOJ spokesperson confirmed the letters seek "voluntary compliance in a timely manner with their obligations under federal law to ensure only citizens vote in federal elections." The communications also note that preventing eligible voters from casting ballots is illegal. Several states, including Utah, have resisted prior DOJ requests for voter data, leading to ongoing legal disputes where courts have largely ruled against the department's demands.[3]

In a related announcement, Dhillon stated the DOJ will deploy federal election monitors to 15 jurisdictions across six states—Arizona, Michigan, Massachusetts, Minnesota, New Hampshire, and Virginia—during 2026 primaries. Monitors will focus on issues including poll access for disabled voters, polling place hours, language assistance, and ensuring votes are not "canceled out by somebody who shouldn't be voting." DOJ officials described the monitoring as routine.[4]

State responses have varied, with some officials calling the letters an attempt to intimidate or pressure compliance amid broader administration efforts on election integrity. Noncitizen voting in federal elections remains prohibited by longstanding law, though documented instances are rare. The letters frame the outreach as an offer of assistance while underscoring potential penalties for noncompliance.[5]