Department of Homeland Security Secretary Markwayne Mullin said Friday that state election officials who refuse to cooperate with the Trump administration’s voter registration verification initiative could face criminal prosecution if they violate federal law, marking the latest escalation in an ongoing dispute between the administration and several states over election administration.
Speaking during a White House briefing following President Donald Trump’s address on election security, Mullin said state officials who unlawfully obstruct federal efforts to review voter registration records could be subject to legal action.
“If you’re breaking federal law, then yes, prison is absolutely on the table,” Mullin said.
DHS seeks access to voter registration records
The Department of Homeland Security has sent letters to several states requesting access to voter registration records as part of the administration’s effort to identify noncitizens who may be registered to vote and assist states in removing individuals who are ineligible under federal and state law.
The initiative is part of the Trump administration’s broader election security agenda ahead of the 2026 midterm elections. Administration officials have called for proof-of-citizenship requirements for voter registration and expanded cooperation between federal agencies and state election officials.
Trump has continued to argue that U.S. elections require stronger safeguards, including after disputing the outcome of the 2020 presidential election. However, numerous courts, recounts, audits, and investigations found no evidence of fraud sufficient to change the outcome of that election.
Federal initiative faces court challenges
The administration’s efforts have prompted lawsuits from states and voting rights groups challenging portions of the data-sharing initiative. Some courts have temporarily blocked aspects of the program while litigation proceeds.
Plaintiffs argue the federal government’s requests exceed its legal authority, could compromise voter privacy, and increase the risk that eligible voters could be incorrectly removed from voter registration rolls.
The Trump administration maintains that federal agencies have a legitimate role in helping states maintain accurate voter registration lists and enforce laws prohibiting noncitizens from voting in federal elections.
Election administration remains under scrutiny
The legal dispute is expected to test the balance of authority between the federal government and the states in administering elections.
Supporters of the administration’s initiative argue that more frequent voter roll maintenance and closer coordination between federal and state officials can improve the accuracy of voter registration records.
Critics contend that documented cases of noncitizen voting are uncommon and warn that aggressive voter roll maintenance efforts could result in eligible voters being removed from the rolls if records are inaccurate or improperly matched. The courts are expected to determine the scope of the federal government’s authority as the litigation proceeds.
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