Feds threaten Rhode Island’s top election official with criminal charges if noncitizens vote

Rhode Island Secretary of State Gregg Amore says he is being threatened with criminal charges by the Trump administration if state and local election officials fail to prevent noncitizens from voting in the upcoming midterm elections.

Amore’s office on Friday released a July 7 letter from Assistant U.S. Attorney General Harmeet Dhillon asking for an outline of the steps the state is taking to maintain “clean voter lists” and how it’s complying with federal law within five days.

“The letter’s true intention was obvious: to intimidate election officials in an effort to make us fall in line with the administration’s unconstitutional overreaches into election administration,” Amore, a Democrat, said in a statement. “I am confident that elections in Rhode Island are administered in accordance with federal and state laws.”

Dhillon’s seven-page letter includes a memo highlighting the federal election law requiring state and local officials to maintain voter records to ensure only eligible U.S. citizens vote in federal elections.

“Any election officer, including the chief election officer of the state, who knowingly retains noncitizens on the state’s (statewide voter registration list) or facilitates noncitizens in receiving and casting ballots could be subject to criminal liability,” Dhillon wrote.

Dhillon sent similar letters to all 50 states including Arizona, Colorado, Idaho, Maryland and Washington, claiming the Department of Justice’ Civil Rights Division “would like to assist” them in complying with the law.

Amore responded Friday with a two-paragraph letter saying he and other Rhode Island election officials are “well aware of the federal election laws” and remain committed to complying with them.

“I am very proud of the way that Rhode Island’s state and local election officials conduct voter list maintenance activities to ensure that only eligible voters are on the voter rolls,” he wrote.

Last year, Amore declined to give the Justice Department access to sensitive information on Rhode Island’s voter rolls, triggering a lawsuit from the DOJ in December.

U.S. District Court Judge Mary S. McElroy on April 17 denied the Justice Department’s demands for an unredacted copy of Rhode Island’s statewide voter registration. That ruling was appealed by the Trump administration on June 4, though the 1st U.S. Circuit Court of Appeals in Boston has not yet taken up the case. A hearing to establish a briefing schedule is set for Aug. 18.

“Whether in court or in Congress, the Administration has consistently met opposition – because in fact, they are the ones not complying with the law,” Amore said in a statement. “Now, intimidation and bullying is all that’s left in their playbook.”

Amore further defended Rhode Island’s voter list maintenance practices, noting voters attest to their U.S. citizenship under penalty of perjury when registering and that the state regularly updates its voter rolls through mailings and interstate data-sharing agreement.

“As with anyone who believes they have evidence of voter fraud or election security concerns, I ask that that information be provided to our office so that we can investigate accordingly,” he said. “However, I am confident this letter is meant only to make me afraid to do my duty – ensuring all eligible Rhode Islanders are able to cast their ballot – and not based on any factual issue.”

A spokesperson for the DOJ did not immediately respond to request for comment.