Justice Department's early moves on voting and elections signal a shift
from its traditional role
[June 16, 2025]
By CHRISTINA A. CASSIDY and SCOTT BAUER
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.”
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Election workers process ballots for the 2024 General Election, Nov.
5, 2024, in Milwaukee. (AP Photo/Morry Gash, File)
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.
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