The lead counsel for Georgia Secretary of State Brad Raffensperger (R) has pushed back against a Justice Department effort that would target election officials for prosecution if non-citizens cast ballots, arguing that the state already maintains robust safeguards to verify voter citizenship.

Under typical practice, individuals who are ineligible to vote but do so anyway are held personally accountable rather than local election staff. According to Democracy Docket, the DOJ issued a threat to all U.S. states on the matter, prompting a response from Raffensperger's office asserting that Georgia has long had mechanisms in place to confirm that all registered voters are U.S. citizens. Most states maintain similar verification systems. Non-citizen voting in federal elections is already a federal crime punishable by fines, imprisonment, and deportation under existing law, and audits in multiple states have historically identified only small numbers of confirmed cases.

The DOJ's warning drew heightened attention this week amid revelations in New Jersey, where approximately 6,600 non-citizens were registered to vote due to a Motor Vehicle Commission software glitch, according to NJ Spotlight News. The incident occurred before Gov. Mikie Sherrill (D-N.J.) took office but was never disclosed to the public. Sherrill criticized her predecessor, former Gov. Phil Murphy, also a Democrat, citing a "lack of transparency," and pledged to "hold accountable" those responsible for the error.

The software flaw worked as follows: individuals applying for a driver's license were asked whether they were U.S. citizens. Even those who answered "no" were automatically registered to vote, contrary to the system's intended design. The episode echoes similar mechanical errors documented in other states where automatic voter registration systems tied to motor vehicle agencies have inadvertently registered ineligible individuals, an issue election administrators nationally have flagged as a systemic vulnerability.

Raffensperger's general counsel emphasized that Georgia operates under a markedly different framework, noting that the state is widely recognized for its citizenship verification in voter registration.

"Georgia is a recognized leader in citizenship verification that ensures only U.S. citizens vote in our elections," the office's letter reads. "State law requires proof of citizenship to vote, and any application for voter registration must be accompanied by documentation of U.S. citizenship. Because Georgia is 100 percent REAL ID compliant, everyone who has a driver's license or state identification card has proven their citizenship or legal immigration status to the Department of Driver Services."

Raffensperger's office also noted that it conducts regular citizenship audits, most recently this year. The full DOJ letter and memo on voter eligibility can be found here.

Republicans have seized on the New Jersey incident, arguing it demonstrates the necessity of Trump's Safeguard American Voter Eligibility (SAVE) Act, federal legislation that would require proof of citizenship to register to vote in federal elections. In New Jersey, non-citizens can obtain a REAL ID by presenting residency documents. By contrast, Raffensperger's office stated that Georgia requires documentation proving both residency and citizenship to obtain a REAL ID.

Georgia voters must then present one of six approved photo ID options to cast a ballot. Those who lack an acceptable ID can obtain a special photo identification card for voting purposes, according to the Georgia Secretary of State website.