DOJ Outlines Criminal Penalties for Noncitizen Voting

Why it matters locally: The Department of Justice's reminder on noncitizen voting and potential penalties for election officials applies directly to how Iowa's county auditors and election administrators manage voter registration and election integrity across the state, including offices like the Linn County Auditor's Office or the Johnson County Auditor's Office.

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WASHINGTON – The U.S. Department of Justice (DOJ) has issued a reminder to state election officials regarding potential criminal charges should noncitizens cast ballots in federal elections. The DOJ communicated that federal law prohibits individuals who are not U.S. citizens from voting in these elections. The department outlined potential criminal penalties that could apply to election officials who knowingly and willfully allow noncitizens to register or vote. These penalties stem from statutes covering deprivation of rights and voter registration irregularities. The DOJ memo specifies several federal code sections related to these offenses. Federal law states that only U.S. citizens aged 18 or older can vote in federal elections. This prohibition applies to all noncitizen residents, including legal permanent residents. The DOJ’s communication serves as a reminder of these long-standing legal frameworks. The memo explains that election officials hold responsibilities for maintaining accurate voter rolls and ensuring that only eligible citizens participate in federal elections. Failure to adhere to these eligibility requirements could lead to various legal actions from federal prosecutors. Officials could face charges under 18 U.S.C. § 241, which criminalizes conspiracies against the rights of citizens. Another relevant statute mentioned is 18 U.S.C. § 242, which addresses the deprivation of rights under color of law. Additionally, the memo points to 52 U.S.C. § 10307, concerning false information in voter registration and other related electoral offenses. The Justice Department did not provide data on the prevalence of noncitizen voting. The memo focuses exclusively on outlining the existing legal framework and the potential consequences for officials who violate federal election statutes.