Illinois Election Board Pushes Back on DOJ

The Illinois State Board of Elections has told the U.S. Department of Justice that the state complies with federal voter-registration requirements and maintains accurate voter rolls.

The response came after the Justice Department warned election administrators across the country that state and local officials could face criminal prosecution if noncitizens were allowed to remain registered or cast ballots.

In a letter to the department, state board general counsel Marni Malowitz said Illinois election authorities take their responsibility to maintain accurate registration records seriously while working to prevent eligible voters from being removed by mistake.

“Illinois’s comprehensive list maintenance framework, consistent with the (National Voter Registration Act), ensures free and fair elections,” Malowitz wrote.

The Justice Department sent its request to election officials in all 50 states and Washington, D.C., on July 7. It asked administrators to explain within five days how they identify and remove ineligible or inactive voters.

The dispute comes as President Donald Trump’s administration continues efforts to expand federal influence over election administration.

Trump issued an executive order in March 2025 directing the Department of Homeland Security to coordinate with other federal agencies on a national list of confirmed U.S. citizens eligible to vote.

His administration has also pursued changes affecting mail-in ballots and supported the SAVE Act, legislation that would require documentary proof of citizenship for voter registration and photo identification before voting. The proposal has not secured enough support to pass the Senate.

The federal government is also suing Illinois and several other states to obtain complete, unredacted voter-registration databases. Those records contain sensitive information, including dates of birth, Social Security numbers and driver’s license numbers.

As of July 27, federal judges in 17 district courts and one appellate court had ruled that the Justice Department lacked statutory authority to demand the records. A federal judge in Illinois had not yet ruled on the state board’s request to dismiss the case.

In its response, the Illinois board said the Justice Department had not presented credible evidence of voter fraud or alleged that any Illinois election official violated federal law.

The board also argued that the Constitution gives states primary responsibility for administering federal elections unless Congress passes a law that overrides state authority.

Illinois elections are administered by an independent, bipartisan state board. Its members are not directed by elected officials or political organizations.

The state said its procedures comply with the National Voter Registration Act of 1993 and the Help America Vote Act of 2002.

Illinois registration forms require applicants to certify under penalty of perjury that they are U.S. citizens, at least 18 years old, and meet state residency requirements. Applications are rejected when the required citizenship certification is not completed.

Election officials also compare voter rolls with state and federal databases. Corrections records are used to identify people incarcerated for felony convictions, while public health records help officials remove voters who have died.

Illinois participates in the Electronic Registration Information Center, a multistate system that shares voter-registration and motor-vehicle data to identify people who have moved between member states.

Local election authorities also mail notices to registered voters to confirm whether they still live at their listed addresses.

Malowitz said the state’s multilayered system for maintaining voter rolls is functioning as intended and does not support the criminal liability suggested in the Justice Department’s letter.