The U.S. Department of Justice (DOJ) is currently deliberating the possibility of bringing criminal charges against state and local election officials. This action is being considered in cases where negligence or mismanagement may have compromised the accuracy of vote counts. High-ranking sources within the DOJ have indicated that U.S. Attorney General Pam Bondi is spearheading efforts to enforce more stringent standards on election conduct as part of a Trump administration initiative.
The legal scrutiny comes amid concerns that electronic voting systems, such as those provided by Dominion Voting Systems, could be improperly calibrated or susceptible to hacking. These concerns echo disputes that arose from the 2020 election process. The move does not stem from a new executive order or a specific incident but is rather a response to long-standing conservative apprehensions regarding election integrity and vulnerability to fraud.
"The department will leave no option off the table in its pursuit of secure and fair elections," said a DOJ spokesperson to the New York Times.
While federal law provides a framework for election standards, the enforcement and supervision of these standards have historically been the purview of state and local governments. The DOJ's approach has shifted to consider whether a lack of adherence to cybersecurity protocols with voting machines could constitute criminal negligence or mismanagement.
This initiative has prompted the DOJ to reach out to election officials across the nation, seeking information on their practices for counting votes, including scrutiny of mail-in ballots and Election Day procedures. A spokesperson for the DOJ conveyed to the New York Times the department's commitment to exploring all avenues to ensure secure and fair elections.
Recent developments within the FBI have also fueled this push for accountability. FBI Director Kash Patel has reopened an investigation into allegations that Chinese nationals attempted to vote in the 2020 election. Patel accused former FBI Director Christopher Wray of inaction regarding evidence of a scheme to register Chinese citizens with fraudulent driver’s licenses under American names.
At the DOJ, the initiative led by Bondi has encountered skepticism from veteran staff members who question the legal feasibility of prosecuting such cases due to the intricate and decentralized nature of election administration. Furthermore, President Trump's executive order issued in March, which mandates a review of election integrity, has been met with varying interpretations within the DOJ, leading to potential internal conflicts over the scope of the directive.
The DOJ has already made contact with at least two states as part of this investigative push, inquiring about technological safeguards for voter registration data. Additional information requests have been sent to states like Wisconsin, North Carolina, and Colorado regarding their election procedures.
Patel's recent Congressional testimony included accusations against Wray, claiming that the former director misled lawmakers in 2020 concerning election interference. Patel and Deputy Director Dan Bongino have also issued a joint statement accusing past FBI leadership of politicizing the agency and hiding information about an alleged plot by the Chinese Communist Party to disrupt the 2020 election.
