DOJ Sounds Alarm for Arizona & Wisconsin on Federal Election Law Compliance

The U.S. Justice Department is taking action against election practices in Arizona and Wisconsin, addressing potential violations of a federal election law from 2002. Recently, officials from the DOJ’s civil rights division issued letters to both states, highlighting significant compliance issues that could lead to legal repercussions.

In Arizona, state officials are allegedly failing to verify voters’ identities as mandated by the Help America Vote Act (HAVA). The DOJ’s warning included the potential for a lawsuit if these issues are not rectified. Similarly, Wisconsin faced scrutiny for the Wisconsin Elections Commission’s inability to properly address administrative complaints, prompting threats to withhold federal election funds.

The letters from the DOJ indicate a broader trend under the current administration. This follows President Trump’s March executive order, which calls for stricter voter identity verification and revisions to voting machine standards. Notably, the Department has also filed a lawsuit against North Carolina for similar infractions. The Wisconsin letter, dated June 4, was publicly released, while the Arizona letter, dated May 20, was obtained through a records request.

Arizona Secretary of State Adrian Fontes responded to the DOJ’s concerns, asserting that the state conducts thorough residency and citizenship checks as required by HAVA. “Arizona has a long history of adherence to voter registration requirements, both state and federal,” Fontes noted in his letter dated June 2.

In Wisconsin, the Elections Commission has opted not to comment immediately on the DOJ’s letter. The commission has refrained from adjudicating complaints against its own actions since at least 2022, referencing a Wisconsin Supreme Court ruling that discouraged such practices. The Justice Department’s letter argues that this approach could jeopardize future federal funding due to a perceived lack of compliance with HAVA.

David Becker of the Center for Election Innovation and Research assessed the DOJ’s letter as identifying a legitimate violation, albeit a minor one. Becker emphasized that the DOJ’s resources for enforcing voting laws are limited. The commission’s dismissal of its own complaints leaves complainants without recourse, according to Assistant U.S. Attorney General Harmeet Dhillon.

Meanwhile, some observers noted that the commission has indicated possible avenues for complainants to appeal in court. However, questions persist about whether the commission’s handling of complaints fulfills HAVA’s requirements. The financial implications for Wisconsin remain minimal, as the federal government allocated about $272,000 in election security grants for the upcoming fiscal year, which has not yet been received.

Regarding Arizona’s voter registration process, the DOJ highlighted deficiencies in requiring driver’s license numbers on registration forms. While North Carolina has since amended its process, Arizona maintains that it has consistently met HAVA requirements. In Fontes’ response, he detailed the state’s stringent measures for verifying voter eligibility, including diligent checks against the state’s driver’s license database.

As both states navigate these ongoing issues, the implications for voter access and federal funding remain uncertain. The DOJ’s actions signal an escalating scrutiny of state election practices in the quest for compliance with federal standards.