DOJ warns Georgia election officials of possible prosecution if noncitizens are voting

The Department of Justice is warning Georgia officials that they could face federal prosecution if it finds that noncitizens are voting in the state's federal elections.

The Secretary of State's Office confirmed with CBS News Atlanta that they received the letter from Harmeet K. Dhillon, the assistant attorney general of the DOJ's Civil Rights Division, on Tuesday.

In the letter addressed to Secretary of State Brad Raffensperger, Dhillon reiterated that state and local officials must "properly maintain election records and undertake certain actions to ensure that only eligible U.S. citizens cast votes in elections for federal office."

The letter also emphasizes that "knowingly retaining noncitizens on Georgia's 'State Voter Registration List' (SVRL) and sending such individuals ballots, and then counting such ballots," would be a violation of the National Voter Registration Act of 1993.

"Any election officer, including the chief election officer of the state, who knowingly retains noncitizens on the state's SVRL or facilitates noncitizens in receiving and casting ballots could be subject to criminal liability," Dhillon wrote.

The federal agency is asking Raffensperger's office to provide information on how the state is complying with federal laws and how the Department of Justice could assist, giving the secretary of state five days to respond.

In a statement to CBS News Atlanta, a spokesperson for the secretary of state's office said that Georgia has ensured that only American citizens vote in its elections.

"Secretary Raffensperger has led the nation in keeping American elections for American citizens only," the spokesperson said. "He conducted the first statewide citizenship audit of Georgia's voter rolls, secured key improvements to the federal SAVE database, and has called on Congress to enshrine citizen-only voting in the Constitution. Under his leadership, Georgia has set the standard for election integrity by ensuring only American citizens decide our elections and continuing to fight to prevent noncitizen voting."

The Department of Justice's request comes days after a federal judge denied the DOJ its request to obtain the names and personal contact information for every person who worked during the 2020 election in Georgia's Fulton County. In his ruling, U.S. District Judge William Ray called the scope of the request "staggering."