WASHINGTON — U.S. prosecutors continued to pursue investigations and criminal cases involving public officials and election administration as federal authorities intensified scrutiny of election-related compliance ahead of the November 2026 midterm elections, prompting legal disputes and criticism from several state officials.
The U.S. Department of Justice this month sent letters to election officials in all 50 states and the District of Columbia warning that officials who knowingly permit noncitizens to remain on voter registration rolls or cast ballots could face prosecution under federal criminal statutes. The letters, signed by Assistant Attorney General for Civil Rights Harmeet Dhillon, cited laws intended to safeguard federal elections and prohibit voting by noncitizens.
The department said the notices were part of its responsibility to enforce federal election laws and protect election integrity. Federal law bars non-U.S. citizens from voting in federal elections, although documented cases of illegal noncitizen voting have historically been uncommon, according to election researchers and prior government reviews.
Several state election officials rejected suggestions that their jurisdictions were failing to comply with existing law. Officials in states including Arizona, Michigan and Illinois said they already maintain procedures designed to ensure that only eligible voters are registered and characterized the Justice Department's actions as an unprecedented expansion of federal pressure on state-run election systems.
The federal government's election-related legal efforts also encountered resistance in court. A federal judge in Georgia rejected a Justice Department subpoena seeking the identities and contact information of election workers who participated in Fulton County's 2020 election, ruling that the request was overly broad and unsupported by sufficient justification. The court said the subpoena's scope was unreasonable and expressed concern that disclosure could discourage future election workers from participating in the electoral process.
Separately, federal prosecutors have continued pursuing public corruption investigations involving elected officials and government employees through Justice Department public corruption units, which remain responsible for cases including alleged bribery, campaign finance violations and fraud involving public office. Charges in such cases are allegations unless and until proved in court or resolved through guilty pleas.
The latest election-related actions have unfolded amid broader legal and political disputes over the federal government's role in overseeing state election administration before the midterm elections. Court challenges to several Justice Department initiatives remain pending, while state officials have indicated they will continue defending their election procedures through the judicial process where necessary.
