On Tuesday, NBC News confirmed that the Justice Department has sent threatening letters to election officials spanning every state and Washington, D.C., asserting that they could “face criminal prosecution over noncitizen voting.” According to NBC, the letters are the latest move in President Donald Trump’s effort to promote his false claims of widespread noncitizen voting and “assert more federal control over state elections.”
As NBC explains, “The letters, signed by Assistant Attorney General Harmeet Dhillon, who heads up the department’s Civil Rights Division, give states five days to explain how they will comply with federal voter eligibility laws and how they will maintain ‘clean voter lists.’” And as NBC notes, noncitizen voting is so rare it’s almost nonexistent, “but Trump and his administration have falsely portrayed it as a widespread issue.”
The DOJ letters assert that state election officials “could be criminally prosecuted for aiding and abetting” any noncitizen voting. They also emphasize that any election officer who knowingly retains noncitizens on a voting registration list or who helps noncitizens receive and cast ballots in any way could be subject to criminal liability, and that “an intentional act that is aimed at diluting the votes of citizens could also constitute a violation.”
According to Utah Lt. Gov. Deidre Henderson, a Republican election official who received one of the letters, the threats amounted to “truly bizarre behavior.”
Posting on social media, she revealed, “Got another love letter this morning from the DOJ 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. This is truly bizarre behavior by the federal agency that is supposed to be protecting civil rights.”
Per NBC, “While some states have complied with the administration’s demands that they hand over voter roll data, the Justice Department has sued 30 states and Washington, D.C., for resisting. So far, 11 different federal courts have dismissed the Justice Department’s efforts to seize voter rolls.”