Federal prosecutors under Attorney General Pam Bondi are reviewing potential criminal charges against state and local election officials who fail to secure voting systems — a move insiders are calling unprecedented.
According to senior officials familiar with the matter, the Justice Department is weighing whether negligence in safeguarding election infrastructure could violate federal law and constitute prosecutable offenses.
At the heart of the effort is a growing belief within the Trump administration that failure to properly secure vote tabulation systems, voter rolls, and electronic machines may amount to criminal negligence.
DOJ Launches Quiet Inquiries Into State Election Offices
Federal attorneys have already begun contacting election offices in multiple states, requesting details on how votes are processed, how systems are secured, and what measures are in place to detect and prevent tampering.
One of the questions reportedly sent to a state election administrator read: “Describe all technological security measures taken by the state to prevent unauthorized access to the statewide voter registration list.”
While the DOJ insists the effort is in a “preliminary exploratory phase,” several states — including Wisconsin, North Carolina, and Colorado — have already confirmed direct outreach.
A DOJ spokesperson told the New York Times, “We will leave no option off the table when it comes to promoting free, fair, and secure elections.”
Pushback Inside the DOJ
Some career staff within the department are reportedly resisting the probe, warning that federal overreach into election administration — traditionally a state and local function — could trigger legal challenges.
However, Bondi’s allies argue that when officials repeatedly fail to protect election infrastructure or ignore known vulnerabilities, federal intervention is not only warranted — it’s required.
One senior official noted that the department is considering criminal negligence statutes, particularly those tied to election integrity and federal systems, as potential legal pathways for prosecution.
Echoes of 2020 — And Renewed CCP Concerns
The review coincides with a reopened FBI investigation into foreign election interference, specifically a 2020 scheme involving Chinese nationals allegedly using fake U.S. driver’s licenses to vote fraudulently.
FBI Director Kash Patel testified to Congress that former FBI leadership, under Christopher Wray, buried key intelligence linking the Chinese Communist Party (CCP) to efforts to undermine the election process.
In a joint statement with FBI Deputy Director Dan Bongino, Patel accused the Bureau’s former leadership of “playing politics during the most critical election in modern history.”
Executive Orders Driving the Probe
In March, President Trump signed a sweeping executive order mandating a full security audit of all voting infrastructure used in federal elections.
The order prohibits noncitizens from participating in any part of election administration and directs Homeland Security Secretary Kristi Noem to produce a full vulnerability report on electronic voting systems.
Although the order does not explicitly mandate prosecutions, it opened the door for federal agencies to scrutinize local officials who fail to meet the order’s standards.
Some DOJ officials believe the order provides enough justification to pursue charges under existing federal statutes if systemic failures or deliberate negligence are discovered.
What Comes Next?
The DOJ’s internal review is expected to expand into more states in the coming weeks, with formal legal opinions and internal memos under development.
For now, no charges have been filed, and no public timelines have been given. But the messaging from inside the Trump administration is clear: Election integrity is not just a priority — it’s a matter of criminal accountability.
As the 2026 midterms approach, officials say “the era of unchecked election mismanagement is over.”
