President Donald Trump’s administration is threatening to withhold some federal funds from states that do not make changes to voting practices and is warning state election officials that they face arrest if they do not remove noncitizens from voter rolls. The letters to states and details of grant requests are the latest in a series
President Donald Trump’s administration is threatening to withhold some federal funds from states that do not make changes to voting practices and is warning state election officials that they face arrest if they do not remove noncitizens from voter rolls.
The letters to states and details of grant requests are the latest in a series of actions by the Trump administration to shape the details of holding elections that have long been the task of states.
Courts have largely rejected the administration’s previous efforts, which reflect false claims of widespread voter fraud and come less than four months before crucial midterm elections in which Democrats seek to seize control of one or both chambers of Congress and rein in Trump’s power.
“The overall point is that Trump is trying to use whatever levers of power and powers of persuasion he may have to try to interfere in the way states and localities will conduct the 2026 elections,” said Rick Hasen, a UCLA law professor and director of the Safeguarding Democracy Project. “Some of this is aimed at changing the way the rules are applied. Some of it appears aimed at undermining voters’ confidence in the integrity of the electoral process.”
In letters sent Tuesday to election officials in all 50 states and the District of Columbia (often secretaries of state), the Justice Department’s Civil Rights Division said they and other election administrators could face criminal charges if they knowingly allow non-voters to vote or remain on the voter rolls.
It also called on states to inform the federal government within five days how they intend to comply with the law.
Derek Muller, a law professor at the University of Notre Dame who specializes in election law, said it’s not clear that the 50-state letter means anything more than reaffirming some parts of the law, with a follow-up request, “which I’m sure many states will ignore.”
The letter also warns that anyone who knowingly and intentionally provides false information when registering to vote or voting will face criminal prosecution.
A Federal Emergency Management Agency counterterrorism grant announcement in June included a list of election-related requirements, saying 20% of grants to states and urban areas would be withheld until they comply.
The program includes more than $1 billion for states, local and tribal governments for a variety of programs to prevent terrorism in crowded places, online, with border security and around elections. FEMA expects to award 56 grants.
“Recipients can ensure that their efforts contribute to a secure, transparent, and resilient electoral process, thereby strengthening public trust and the integrity of democratic institutions,” the grant announcement says, noting that securing electoral infrastructure is a national security priority.
The list of items for states includes verifying the citizenship of all registered voters and poll workers.
Places that use electronic voting systems that use barcodes or QR codes to count votes would have to submit plans to switch to hand-marked paper ballots. Each jurisdiction would have to show the results of their audits.
UCLA’s Hasen said it could be difficult even for states that want to comply. It’s too close to the midterm elections to make some of the changes, he said, and some would require state legislatures to pass new laws.
On Wednesday, the White House referred questions to FEMA, which did not immediately respond to an interview request.
Some states are responding, while others defend the latest actions.
They appear to be breaking partisan lines.
Oregon Secretary of State Tobias Read, a Democrat, accused the Justice Department of “knocking on our door again with more threats and no evidence to support their fever dreams about non-existent voter fraud.”
Elections in Oregon are secure, accurate and fair, he said, adding that he does not feel “intimidated by political threats or manufactured controversies.”
The Michigan secretary of state’s office, led by Democrat Jocelyn Benson, said it has discussed its work repeatedly with the Justice Department and in public statements, congressional hearings and court testimony; information that, he said, “is in the possession of the Department of Justice or is easily accessible.”
“We will be happy to provide it to you again to help resolve any confusion,” the office said in a statement.
In a statement, Republican Ohio Secretary of State Frank LaRose defended the Justice Department’s letter to states, saying it reminds them of their legal obligation regarding election integrity. Many states don’t take it seriously, he said, without giving examples or citing evidence. He said Ohio has worked with the federal government to ensure its voter lists are accurate and that only American citizens vote.
The Georgia secretary of state’s office says the state has already taken many of the actions called for in the FEMA grant, including a citizenship audit of voter rolls.
Trump has repeatedly and wrongly claimed that fraud cost him re-election in 2020, and his administration has unveiled a series of policies and actions aimed at the way the election is run.
In recent days, courts have rejected the Justice Department’s effort to collect the names and contact information of every poll worker in Georgia in the 2020 election and others trying to force New Hampshire and Pennsylvania to hand over detailed information about registered voters. With those rulings, the federal government has lost similar cases more than 10 times involving its requests for details from 30 states and the District of Columbia.
Last week, a group of Democratic governors asked the U.S. Postal Service to withdraw its proposed rule seeking to implement a Trump order to create a list of eligible voters and potentially limit who can receive a mail-in ballot. A court previously suspended the order, saying it was unconstitutional.
Also last week, the Supreme Court rebuked Trump and ruled that states can count mail-in ballots that arrive after Election Day.
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Associated Press reporters Gabriela Aoun Angueira, Bill Barrow, Kate Brumback and Josh Kelety contributed to this story.
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