An attorney with Idaho’s Attorney General’s Office has publicly challenged the federal Justice Department over its aggressive pursuit of voter registration data and threats of criminal prosecution against state election officials, saying the federal agency should back off its legal campaign against Idaho’s secretary of state.
Jim Craig, who leads the civil litigation and constitutional defense division in Idaho Attorney General’s Office, sent a letter to the Justice Department on Friday responding to a recent federal directive. The Justice Department had sent letters to all 50 states warning of potential criminal prosecution against local and state election officials who allow noncitizens to vote in the 2026 midterm elections.
Federal Lawsuit Over Voter Data
The confrontation centers on Idaho Secretary of State Phil McGrane’s refusal to grant the Justice Department access to sensitive voter registration information. McGrane declined to turn over data on Idaho’s approximately 1 million registered voters, including partial Social Security numbers and driver’s license information.
In response, the Justice Department sued McGrane in April to compel the release of that voter data. The lawsuit is currently paused while a federal appeals court considers similar cases the Justice Department initially lost in other states.
Craig’s letter made two direct demands of the federal agency. “First, you can stop threatening your friends in Idaho,” Craig wrote. “Second, you can voluntarily dismiss your lawsuit against Secretary McGrane,” he added.
The Justice Department’s Civil Rights Division, headed by Assistant Attorney General Harmeet K. Dhillon, initiated the legal action and sent the warning letters to states.
Limited Noncitizen Voting Evidence
The dispute reflects a broader tension between the Trump administration and state officials over election security and data access. Idaho conducted a noncitizen voter purge review that was prompted by a 2024 executive order signed by both McGrane and Gov. Brad Little. That review found that none of the noncitizens identified had actually voted in any election during 2024.
McGrane’s office did refer 15 noncitizens to the Justice Department for possible prosecution related to voter registration violations.
Data on actual noncitizen voting convictions remains limited. A University of Idaho law professor, Benjamin Cover, found that only approximately two dozen federal prosecutions for noncitizen voting have occurred under the current Trump administration.
The conflict highlights differing approaches to election security between federal prosecutors and state officials. Idaho’s Secretary of State has argued that the state’s election systems and processes are robust enough to prevent noncitizen voting without turning over sensitive personal data on all registered voters to the federal government.
The Justice Department’s threat of criminal prosecution against state officials is an escalation of pressure on states to comply with federal data requests and to demonstrate aggressive enforcement against noncitizen voters ahead of the 2026 midterm elections.
What Comes Next
The federal appeals court is still considering similar cases in other states, and the outcome could determine whether the Justice Department’s lawsuit against McGrane proceeds. Idaho’s Attorney General’s Office has now formally rejected both the federal pressure campaign and the underlying lawsuit, setting up a potential showdown if the appeals court rules in the Justice Department’s favor. McGrane and state leaders have signaled they intend to defend Idaho’s position on voter data protection and election security without surrendering sensitive personal information on state residents.
The case reflects broader national tensions over election administration, with states asserting control over voter rolls and the federal government pushing for greater access to identify noncitizen voters before the 2026 midterm elections.