The U.S. Justice Department and other federal agencies have expanded investigations into state voting systems ahead of the upcoming midterm elections. These actions include federal agents seizing ballots in Georgia, the filing of lawsuits against 30 states over voter roll data, and the implementation of executive orders regarding registration and mail-in ballot requirements. While the administration states these measures are necessary to ensure the results can be trusted, election officials from both parties have questioned the federal involvement.
Under Article I of the Constitution, elections are primarily managed by states and localities rather than the executive branch. However, President Trump has signed two executive orders during his second term: one regarding documentary proof of citizenship for voter registration and another regarding mail-in ballots. Additionally, Secretary of Homeland Security Markwayne Mullin attempted to make federal counterterrorism funding contingent on states adopting federal security measures, such as citizenship checks.
The Justice Department recently filed a lawsuit against California, alleging the state mailed ballots to more than 20,000 likely noncitizens. California Secretary of State Shirley Weber disputed the claim, stating the federal government has not provided data to support its figures. In a separate action in January, federal agents seized more than 600 boxes of election records from Fulton County, Georgia. Georgia’s secretary of state described the warrant used for the seizure as being based on "baseless and repackaged claims."
For the average voter, these developments may result in changes to how they register or cast ballots. In New Jersey, a software glitch previously led to the mistaken registration of thousands of noncitizens, 340 of whom voted, illustrating the types of errors the federal government says it is working to identify. However, state officials like Utah Lt. Gov. Deidre Henderson (R) report finding very few irregularities—just 52 questionable entries out of 2 million in her state.
The ongoing litigation and investigations could influence public confidence in election outcomes, with recent surveys indicating only about half of Americans expect the midterms to be free and fair. The Justice Department’s Civil Rights Division, led by Harmeet Dhillon, is currently pursuing thousands of potential cases of noncitizen voting and plans to deploy more than 1,000 poll monitors for the midterms. Future steps include court rulings on the pending lawsuits against 30 states and the conclusion of a "priority investigation" in Georgia involving 260 FBI analysts.