Attorneys under U.S. Attorney General Pam Bondi are reviewing legal pathways to bring criminal charges against state and local election officials who fail to meet federal standards for election security, according to individuals familiar with the discussions.
The effort, which is still in an exploratory phase, centers around whether mismanagement or negligence in securing vote tabulation systems could amount to a prosecutable offense under existing federal law.
The initiative, described as unprecedented, follows internal guidance to Department of Justice (DOJ) attorneys directing them to evaluate if election officials who do not properly secure voting machines or fail to prevent unauthorized access to electronic systems could be held legally accountable.
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One source said the department is specifically examining whether failure to follow electronic security protocols for voting machines constitutes criminal negligence.
Officials have also raised concerns over machine calibration and cybersecurity vulnerabilities—areas that have come under increased scrutiny since the 2020 presidential election.
The questions echo earlier allegations raised in 2020 by legal and political allies of President Donald Trump, who criticized Dominion Voting Systems and other election equipment providers for what they described as irregularities in vote tabulation.
However, the DOJ’s current review is not predicated on any new executive authority or legal directive, but rather a broader effort to increase accountability and reinforce confidence in election security.
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Senior DOJ officials have recently instructed federal attorneys to contact election offices across the country to gather details about how votes are handled, processed, and counted, including those submitted by mail.
Some election officials have already received inquiries, with at least two states confirming outreach from federal authorities.
One of the questions sent to a state-level office reportedly asked, “Describe all technological security measures taken by the state to prevent unauthorized access to the statewide voter registration list.”
In a statement to the New York Times, a DOJ spokesperson said the department “will leave no option off the table when it comes to promoting free, fair and secure elections.”
The DOJ’s internal review follows an announcement from FBI Director Kash Patel that his agency has reopened an investigation into an alleged attempt by Chinese nationals to cast fraudulent ballots in the 2020 election.
Patel testified before Congress that his predecessor, former FBI Director Christopher Wray, failed to act on intelligence regarding a scheme to register Chinese citizens using counterfeit U.S. driver’s licenses bearing names of legitimate voters.
Kash Patel is set to present evidence to Congress that Christopher Wray lied to Congress. In order to cover up Wray’s false claim that CCP did not interfere in U.S. elections, the FBI unjustifiably withdrew its internal report on the CCP’s production of fake IDs to obtain paper… pic.twitter.com/k8AVdbBdO0
— RockNews (@rocknfsc) June 25, 2025
Patel told lawmakers that in 2020, more than 10,000 fake driver’s licenses en route to the United States were intercepted by border officials.
He also referenced an FBI field office report from Albany, New York, which flagged efforts by Chinese agents to undermine the election.
According to Patel, that report was later removed from the FBI’s internal and public records, and agents were directed not to cite it in official correspondence.
“Based on our continued review and production of FBI documents related to the CCP’s plot to interfere in the 2020 U.S. Presidential election, previous FBI leadership chose to play politics and withhold key information from the American people – exposing the weaponization of law enforcement for political purposes during the height of the 2020 election season,” Patel said in a joint statement with FBI Deputy Director Dan Bongino.
Inside the DOJ, Bondi’s directive has reportedly encountered pushback from some career staff, who argue that election administration is largely governed by a complex mix of local and state regulations, making federal prosecution difficult.
However, others argue that consistent mismanagement or failure to protect election infrastructure could meet the threshold for federal intervention under existing election law.
President Trump signed an executive order in March directing Attorney General Bondi and Department of Homeland Security Secretary Kristi Noem to ensure the security of all federal elections.
VICTORY! President Trump just signed what he said will be the first of many Executive Orders designed to ensure election integrity.
The EO includes the following provisions:
Prosecution of Election Crimes: The order directs the Department of Justice (DOJ) to prioritize…— Patrick Colbeck✝️ (@pjcolbeck) March 25, 2025
The order mandates that noncitizens be prevented from having any involvement in the administration of elections and calls for a comprehensive review of the security of all electronic systems used in voter registration and ballot processing.
Noem was also tasked with producing a report on vulnerabilities in electronic voting systems, though the directive’s language—specifically the phrase “review and report”—has created debate within DOJ ranks about the scope of enforcement.
Multiple states, including Wisconsin, North Carolina, and Colorado, have received inquiries as part of the DOJ’s ongoing review.
More states are expected to be contacted as the investigation progresses.
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