By Guy Page

The U.S. Department of Justice is warning state election officials that they could face criminal liability if they knowingly allow noncitizens to remain on voter registration rolls or facilitate voting by individuals who are not eligible to vote in federal elections.

In a July 7 letter to Michigan Secretary of State Jocelyn Benson, Assistant Attorney General Harmeet K. Dhillon, who heads the Justice Department’s Civil Rights Division, reminded state officials of their obligations under federal election laws, including the National Voter Registration Act, the Voting Rights Act, the Help America Vote Act and the Civil Rights Act. 

According to media reports, state-specific versions of the Michigan letter were sent to every state – including Vermont. State law allows non-citizen voting in Winooski, Burlington and Montpelier municipal elections and budget votes. The Legislature overrode Gov. Scott’s veto of some of those bills. The Vermont Supreme Court upheld a Republican-led challenge to non-citizen voting.

While Vermont allows citizen voting only in local elections. The letter from Dillon does not address local voting, and only warns about non-citizen voting in federal elections. 

The three-page letter states that election officials have a legal duty to maintain accurate voter registration lists and ensure that only eligible U.S. citizens cast ballots in federal elections. It also outlines criminal statutes that could apply to election officials who knowingly permit ineligible voters to register or vote.

According to the Justice Department, knowingly retaining noncitizens on a state’s voter registration list, sending them ballots and counting those ballots could violate Section 12 of the National Voter Registration Act, which prohibits election officials from knowingly depriving residents of a fair and impartially conducted election.

The letter also cites federal laws making it a crime for noncitizens to falsely claim U.S. citizenship to register or vote, falsely represent themselves as U.S. citizens, or vote in federal elections. The department notes that election officials who knowingly assist or facilitate such violations could face prosecution under federal aiding-and-abetting statutes or conspiracy laws.

The Justice Department requested that Michigan respond within five days explaining what steps it is taking to comply with federal law and maintain accurate voter rolls. The letter offers assistance from the Civil Rights Division in reviewing the state’s procedures.

The correspondence was signed by Dhillon and copied to Michigan Attorney General Dana Nessel. Attached to the letter was a memorandum outlining federal legal requirements for state and local election officials and potential criminal penalties for violations.

The Justice Department did not allege that Michigan election officials have committed any crime or that noncitizens have voted in sufficient numbers to affect election outcomes. Rather, the letter serves as a notice of federal legal requirements and warns of potential consequences if election officials knowingly fail to comply with those obligations.