Justice Department Threatens Prosecution in Push for Voter Roll Access
The Trump administration has warned Idaho’s Secretary of State of potential criminal prosecution if noncitizens are allowed to vote in the 2026 midterm elections, as federal officials intensify efforts to gain access to sensitive voter registration data across the country.
The U.S. Justice Department sent the warning to Idaho Secretary of State Phil McGrane this week as part of a broader nationwide initiative. Similar letters were transmitted to all 50 states, marking an escalation in the administration’s effort to scrutinize voter rolls and prevent noncitizen participation in federal elections.
McGrane, a Republican, has declined to grant the Justice Department direct access to sensitive voter information, including partial Social Security numbers and driver’s license numbers from Idaho’s voter rolls. The standoff has led to litigation, with the Justice Department suing for access to that data. The case is currently on hold pending review by the U.S. 9th Circuit Court of Appeals, which is considering related cases from Oregon and California.
Broader Legal Campaign Stalls in Federal Courts
The Idaho case is one of 30 states the Trump administration has sued in pursuit of voter roll access. As of late June, no federal court had ruled in the Justice Department’s favor in any of those cases, according to court records. U.S. District Court Judge B. Lynn Winmill approved a pause in the Idaho litigation on May 21.
Idaho’s voter rolls contain approximately 1 million registered voters. In 2024, McGrane and Governor Brad Little, both Republicans, issued an executive order aimed at preventing noncitizen voting. That same year, Idaho voters approved a constitutional amendment to clarify that noncitizens are ineligible to vote in state elections.
Idaho’s own election security efforts have turned up minimal evidence of noncitizen voting. The Secretary of State’s Office flagged approximately 30 individuals as possible noncitizens following citizenship verification checks. Idaho State Police referred about a dozen of those cases to the U.S. Attorney’s Office for potential prosecution, but no prosecutions have resulted from the state’s audit.
Limited Evidence of Widespread Noncitizen Voting
Benjamin Cover, a University of Idaho law professor, has documented the scale of the issue nationally. He found approximately two dozen federal prosecutions for noncitizen voting since Trump took office in January 2025. None of those prosecutions occurred in Idaho, underscoring how rare such cases are in practice.
Cover characterized the issue as a matter of degree: “I think that the problem is that we have a very small, very infrequent cases of ineligible voting, and specifically noncitizen voting.”
McGrane has emphasized his office’s commitment to election integrity. The Secretary of State’s focus has remained on what he describes as efforts “in Idaho’s elections and the efforts we’ve led to ensure secure and accessible elections.”
The Justice Department’s campaign to access state voter rolls has created tension between federal officials and state election administrators across the political spectrum. The federal courts’ reluctance to mandate disclosure of sensitive voter data has slowed the administration’s effort to compile comprehensive information about voter eligibility nationwide.
What Comes Next
The 9th Circuit’s pending decision in the Oregon and California cases could shape the outcome of Idaho’s litigation. A ruling favoring the Justice Department would likely strengthen its hand in similar disputes across the western states. Conversely, a decision protecting state control of voter information could undermine the federal effort to access the data directly. The case remains paused pending that appellate review, with no timeline for resolution.