Justice Department’s early moves on voting and elections signal a shift from its traditional role
ATLANTA (AP) —
In North Carolina, it was a lawsuit over the state’s voter registration records. In Arizona and Wisconsin, it was a letter to state election officials warning of potential administrative violations. And in Colorado, it was a demand for election records going back to 2020.
Those actions in recent weeks by the U.S. Department of Justice’s voting section may seem focused on the technical machinery of how elections are run but signal deeper changes when combined with the departures of career attorneys and decisions to drop various voting rights cases.
They represent a shift away from the division’s traditional role of protecting access to the ballot box. Instead, the actions address concerns that have been raised by a host of conservative activists following years of false claims surrounding elections in the U.S. Some voting rights and election experts also note that by targeting certain states — presidential battlegrounds or those controlled by Democrats — the moves could be foreshadowing an expanded role for the department in future elections.
David Becker, a former department attorney who worked on voting rights cases and now leads the Center for Election Innovation & Research, said the Justice Department’s moves represent a departure from focusing on major violations of federal law.
“This would be like the police department prioritizing jaywalking over murder investigations,” he said.
A Justice Department spokesperson responded with “no comment” to an emailed request for more information about the actions, including whether similar ones had been taken in any other states.
Actions come amid major changes at the DOJ
Conservatives for years have called for an overhaul at the Justice Department in both personnel and priorities. President Donald Trump also has criticized how elections are run, falsely blaming his 2020 loss on widespread fraud. Earlier this year, he signed an executive order seeking a sweeping overhaul of election operations — an authority the Constitution grants to the states and Congress.
After his win last November, Trump installed key allies at the Justice Department, including Attorney General Pam Bondi, who has made similar claims about the 2020 election. Multiple reviews in the presidential battleground states affirmed Democrat Joe Biden’s win in 2020, Trump and his allies lost dozens of lawsuits, and even Trump’s attorney general at the time said there was no evidence of widespread fraud.
Justin Levitt, a former deputy assistant attorney general in the department’s civil rights division, said most of the DOJ’s actions appeared reasonable and focused on issues that had already been raised by conservative activists in those states. They also are the type that would be expected from a conservative administration, he said, with the exception of the Colorado request. He called that “well out of bounds.”
“This administration has prioritized grievance, even perceived grievance when there is no basis in fact,” said Levitt, who also served as a senior policy adviser in the Biden administration. “And it’s dismaying, but not surprising, that the civil rights division would do the same.”
Department wants records related to the 2020 election
The department’s request to Colorado Secretary of State Jena Griswold, a Democrat, asked for all records relating to last year’s presidential election. Federal law requires those to be kept for 22 months.
In the request, the department stated it had received a complaint alleging that Griswold’s office was not in compliance with federal law relating to voter registration. The request also directs Griswold to preserve any records of the 2020 election that might still be in the state’s possession.
Griswold, in an interview, called the request a “fishing expedition” and said her office responded by providing state voting files.
“I’m not even sure they know what they are looking for,” Griswold said. “They can request all the data they want, and it’s not going to prove anything.”
North Carolina elections have been a particular target for Republicans
In North Carolina, where Republican lawmakers recently wrested control of the state election board from the Democratic governor, Justice Department lawyers filed a lawsuit accusing state election officials of failing to ensure that all voter records include identifying information, such as a driver’s license.
Assistant Attorney General Harmeet Dhillon, who oversees the civil rights division, said in a statement announcing the lawsuit that accurate voter rolls are critical to ensuring elections are conducted “fairly, accurately, and without fraud.”
The previous board had acknowledged the issue and updated the state’s voter registration form. The new board leadership has vowed to address it.
Skeptical of the motives
In Wisconsin, which Trump won in 2016 and 2024 but lost in 2020, department lawyers recently sent a letter to the state election commission accusing it of not providing a complaint process for those raising concerns.
This comes as Republican state lawmakers are pushing legislation to expand the ability to appeal decisions made by the six-member commission, which is equally divided between Republicans and Democrats. Republican lawmakers have long complained about commission decisions they perceive as benefiting Democrats.
The Wisconsin Institute for Law and Liberty, a law firm that frequently defends Republicans on election issues, supports both efforts, said Lucas Vebber, the firm’s deputy counsel.
“It’s ensuring that Wisconsinites are entitled to have their complaints heard and adjudicated,” he said. “As something as important as our elections, it’s vital to ensure that process is transparent and available to everyone.”
Rep. Lee Snodgrass, a Democrat on the Wisconsin Legislature’s elections committee, said state law needs some tightening around how election complaints are handled, but she’s dubious about the motives of the Trump administration and conservative activists in the state.
They are looking for ways “to cast doubt on election integrity, so if they don’t get the results they want they can cry foul,” Snodgrass said.
Concerns about future actions
In Arizona, DOJ lawyers said the state was not clearly telling voter registration applicants to provide a driver’s license if they have one and asked the state to conduct a review to identify any noncitizens.
Secretary of State Adrian Fontes, a Democrat, responded by saying Arizona requires those registering to vote in state and local elections to provide proof of citizenship and conducts checks using the state’s motor vehicle records.
In Oregon, Justice Department lawyers weighed in on an ongoing lawsuit filed by the conservative group Judicial Watch. It alleges the state has failed to comply with federal laws on maintaining voter lists and making these records available for public inspection.
John Powers, a former Justice Department attorney who now serves as legal director for the Advancement Project, said he was concerned about the moves coupled with the Justice Department’s staff departures and its withdrawal from voting rights cases.
Powers said he hoped, with midterm elections next year, that the department would not pursue minor technical issues in a way that could undermine public confidence in elections.
“I would be lying if I said I wasn’t concerned about what the future might hold,” he said.
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Bauer reported from Madison, Wisconsin.