DOJ warns Nevada election officials can be prosecuted for noncitizen voting

The Department of Justice on Tuesday warned Nevada election officials that they could face criminal charges for letting noncitizens vote.

The letter to Secretary of State Francisco Aguilar was the latest in the Trump administration’s efforts to pressure Nevada’s top election official over the state’s voter rolls. It said states’ chief election officers could be subject to criminal liability for “knowingly” retaining noncitizens on the voter rolls.

“Please respond to this letter within five days informing us how the state of Nevada intends to ensure it is complying with these federal laws both at the state and local level and how the Department can assist in those efforts,” said the correspondence signed by Assistant Attorney General Harmeet Dhillon with the DOJ’s Civil Rights Division.

A DOJ spokesperson said in an email that every state and the District of Columbia were sent similar letters, classifying their responses as voluntary compliance.

Meanwhile, Aguilar defended Nevada’s elections integrity, describing the letter as a repeat request and a distraction.

“Let’s be clear: The letter is outlining federal and state laws that Nevada is already compliant with,” said the Democratic official in a statement. “This is clearly another political stunt from the Trump Administration who want to create doubt surrounding our elections ahead of the midterms, and impose more work on local election officials over a made up issue that we have proven time and time again that doesn’t exist.”

Since he lost his 2020 re-election bid, President Donald Trump has lodged unproven allegations of voter fraud, claiming that the process was rigged against him.

His second administration has nevertheless focused on election integrity efforts. Trump, for example, supported a U.S. Supreme Court appeal that challenged laws in states like Nevada that allow mail-in ballots to be counted days after Election Day.

The higher court recently upheld the laws, giving Nevada a green light to continue the practice.

The letter stated that the Civil Rights Division can seek court relief and prosecutions for noncitizens who vote, and others.

“In conclusion, any election officer, including the chief election officer of the state, who knowingly retains noncitizens in the state’s (voter rolls) or facilitates noncitizens in receiving and casting ballots could be subject to criminal liability,” the letter said.

Aguilar reiterated that only U.S. citizens can vote in Nevada, and the state has safeguards to ensure that that’s the case.

“The President and many others have made continued claims that noncitizens are voting – and that’s just not true,” his statement said. “Nevada runs some of the safest, most secure and accessible elections in the country, and local election officials will continue working tirelessly to ensure a smooth election this fall,” it added.