The Department of Justice is threatening state election officials with criminal charges over alleged noncitizen voting.

A department spokesperson confirmed Tuesday that election officials in all 50 states and Washington, DC have been sent warning letters giving them five days to explain how they will comply with federal voter eligibility laws and maintain “clean voter lists.” The letters warn that election officials could be “criminally prosecuted for aiding and abetting” noncitizen voting.

The Justice Department has sued dozens of states for not handing over private voter data although instances of noncitizen voting are extremely rare.

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