Whistleblower Alleges Federal Agents May Have Violated State Laws in Voter Investigation

Homeland Security Secretary Markwayne Mullin recently testified before a House committee regarding a controversial voter investigation initiative. The case came to light due to claims by a federal whistleblower, represented by the nonprofit Democracy Defenders Fund.

This whistleblower reported potential violations committed by federal agents in their search for unlawfully registered voters. The allegations were detailed in a report presented to Democratic U.S. Senator Alex Padilla of California, which was later made public by Padilla and Senate Democratic leader Chuck Schumer.

According to the report, last month, the Department of Homeland Security (DHS) increased personnel for what was termed the Unlawful Voter Initiative. Federal agents reportedly examined voter rolls, using personally identifiable information (PII) on state websites to verify voter histories. The report states, “employees may be required to use the PII to make false attestations that they are the voter or are acting with the voter’s express authorization, in order to access these individual voters’ records.” Such actions could violate state laws, such as those in Virginia, where an attestation is required when accessing voter rolls.

The whistleblower suggested that DHS leadership was aware of these potential violations. An internal whistleblower report included these concerns, stating that the initiative may have already led to thousands of illegal accesses to voter records.

DHS has not responded to requests for comment from NPR. However, the report indicates that the Office of Chief Counsel at DHS’ U.S. Citizenship and Immigration Services provided guidance for the use of state voter websites for “adjudicative or investigative” purposes. The New York Times previously reported on these developments, highlighting possible legal breaches.

Training materials for the initiative, as cited in the whistleblower report, included acknowledgment of data inconsistencies within voter databases. The report claims that federal officers had quotas of reviewing at least five subjects per hour and 40 subjects per day, allowing only twelve minutes to assess each individual’s citizenship status or potential as an “unlawful voter.”

This investigation is part of a broader effort by the Trump administration to prosecute noncitizens on voter rolls. The initiative has intensified as the November election approaches, despite previous audits showing rare instances of noncitizen voting.

In response, Padilla and Schumer wrote to Homeland Security Secretary Markwayne Mullin and USCIS Director Joseph Edlow, urging them to stop the initiative. They warned that using unreliable federal data or rushed investigations could disenfranchise eligible voters or disrupt election administration. Their letter emphasized the importance of safeguarding Americans’ right to vote and ensuring proper election processes.