The Justice Department has formally asked New Jersey to turn over identifying details for non-U.S. citizens the state says were mistakenly registered to vote, escalating a broader federal effort to obtain non-public voter records from states.
In a letter sent to Democratic Governor Mikie Sherrill, the DOJ demanded the names, nationalities and addresses of about 6,600 noncitizens who were accidentally added to New Jersey's voter rolls between 2023 and 2024. The department also requested information on roughly 400 individuals the state reported as having cast ballots, including the times and locations of those votes, according to the letter from Harmeet Dhillon, head of the DOJ's Civil Rights division.
The demand is the latest episode in a concerted push by the Trump administration to press states for voter data as officials cite election security concerns. President Donald Trump has asserted without evidence that the November midterm elections - when Republicans will be defending narrow congressional majorities - could be at risk unless states adopt stricter safeguards.
The Justice Department has previously warned it could pursue criminal prosecutions of state officials who knowingly permit noncitizens to stay on voting lists or to cast ballots. The department's request to New Jersey follows that posture, seeking detailed data the federal government says is necessary to assess whether noncitizens have been allowed to register.
A spokesperson for Governor Sherrill, Sean Higgins, criticized the move, accusing the administration of using the DOJ as a political instrument and emphasizing the governor's focus on protecting residents' private information. He said the governor "has been clear that she will use all the legal tools available to her to protect New Jerseyans' personal information."
New Jersey revealed on Tuesday that a software glitch resulted in roughly 6,600 people who identified as non-U.S. citizens when obtaining driver's licenses or state identification cards being entered onto the state's voter rolls. The state said there was no evidence the error affected election outcomes.
The Justice Department has sued about 30 mostly Democrat-led states in efforts to obtain non-public voter data as it examines potential instances of noncitizen registration. To date, the DOJ has lost all 16 cases that have been decided, although the department is appealing some of those rulings.
Dhillon's letter noted that New Jersey's public disclosure of the registration error "provides an additional basis" for the federal government to scrutinize the state's voter list. New Jersey, in response, has asked a judge to dismiss the federal case, arguing the DOJ lacks legal authority for its request.
A Reuters analysis cited by officials found only 129 federal prosecutions for noncitizen voting over three decades and reported that many such cases originated from voter confusion or misunderstandings. Democrats and election experts warn that broad efforts to purge noncitizens from voter rolls risk disenfranchising eligible voters, including newly naturalized citizens.
Context and process
The dispute highlights an ongoing friction between federal authorities seeking access to detailed voter files for investigative purposes and states defending the privacy of registrants and the security of their administrative systems. New Jersey's notification about the software-related registrations has become a focal point in that legal and political conflict.
Legal posture
- The DOJ asserts a federal interest in examining whether noncitizens have been allowed to register or vote and has pursued litigation against multiple states to obtain such records.
- New Jersey has asked a court to dismiss the DOJ's demand, contending the federal government lacks the legal authority to compel the requested disclosures.
The matter remains before the courts, with implications for how states manage voter data, how the federal government enforces laws concerning noncitizen voting, and how privacy protections for registrants are balanced against investigative objectives.