The US Department of Justice will send federal election monitors to Fairfax and Prince William counties for Virginia's Aug. 4 congressional primaries, the DOJ confirmed to VPM News on Wednesday.
Election monitors have previously been deployed to Virginia and around the country under Democratic and Republican administrations. They are sent only to monitor whether federal laws are being violated, not enforce them.
But this time, Virginia Democrats are accusing President Donald Trump's DOJ of using monitors to undermine voters' confidence in the commonwealth's elections.
"Federal election monitors have long played a role in ensuring compliance with federal law, but that responsibility should never be used to cast doubt on or undermine confidence in our electoral process," Lamont Bagby, chair of the Democratic Party of Virginia, said in a Thursday statement.
Harmeet Dhillon, assistant attorney general for the DOJ's civil rights division, posted a video Tuesday announcing that monitors would be in 15 different cities and counties across six states "where there may have been some problems in the recent elections."
Dhillon only named the states where monitors will be found — Virginia, Arizona, Michigan, Massachusetts, Minnesota and New Hampshire.
But in a July 8 email, the DOJ's press office said monitors would go to Fairfax and Prince William counties — two Democratic strongholds. The DOJ did not respond when asked why the counties were chosen.
In the video, Dhillon called the move routine and said the aim is to "increase voter confidence." She added that the DOJ wants to ensure there aren't language barriers or issues for voters with disabilities.
"It's also important to make sure that our voting is accurate, so that every citizen who votes has their vote counted equally without being canceled out by somebody who shouldn't be voting," she said.
Dhillon pushed back on criticism from Michigan officials, saying in the video that Democratic and Republican administrations have sent out election monitors for decades.
Bagby, a state senator representing Richmond and Henrico County, said that the commonwealth "has a long history of conducting secure, fair, and transparent elections."
"The trust of voters has been earned through the professionalism, integrity, and unwavering commitment of our local election officials," he said in the statement.
Spokesperson Sean Stewart with the Fairfax County elections office confirmed that they received a letter from the DOJ "requesting information on our bilingual (Spanish and Vietnamese) election program as the county is subject to the requirements of Section 203 of the Voting Rights Act."
Stewart said the DOJ informed the office about the plan to send election monitors to the county's polling locations for the primaries.
"The Fairfax County Office of Elections adheres to state law and supporting guidance from the Virginia Department of Elections in administering county elections," Stewart wrote in a Thursday email.
Prince William County's elections office did not respond to a request for comment.
In 2022, when President Joe Biden was in office, the DOJ also sent election monitors to Prince William County.
That was after the county's then-Registrar Michele White was indicted on felony charges over alleged misconduct during the 2020 presidential election. All of the charges were eventually dropped.
White tried to sue Republican Jason Miyares, Virginia's attorney general at the time, claiming that the prosecution was politically motivated, but a judge ruled she was not allowed to.
At the end of her video, Dhillon said to expect a more expanded vote monitor program for the November midterms.
Dhillon's video was released the same day she sent a letter to Virginia Elections Commissioner Steven Koski warning that any state election officer could face criminal prosecution if they deliberately allow noncitizens to vote.
In the letter obtained by VPM News, Dhillon wrote that "while federal law obviously makes it unlawful for noncitizens to vote in federal elections," state election officials could be criminally prosecuted for "aiding and abetting" any noncitizens' attempt to vote.
"An intentional act that is aimed at diluting the votes of citizens could also constitute" a federal conspiracy charge that comes with an up to 10-year prison sentence, unless the crime involved another violent offense.
Data show that instances of noncitizens registering to vote or casting a ballot in the US is very rare. Michigan reported 15 noncitizens voted in the 2024 presidential election, accounting for roughly 0.00028% of votes cast.
Dhillon gave Koski five days to respond on how Virginia "intends to ensure it is complying with these federal laws both at the state and local level." She sent similar letters to all of the other top election administrators in the country, according to the New York Times.
Spokespeople for Gov. Abigail Spanberger did not respond to a request for comment.
A spokesperson for the Virginia Department of Elections said in a Friday email that Koski was "not available for an interview at this time," but did not respond when asked when the commissioner would be available.
Democrats and voting rights groups have criticized Trump for several voting-related changes he's pursued during his second term, saying the president is intent on using his powers to illegally shape the electoral process.
This includes two executive orders from March that have been primarily blocked by federal judges.
One directed the US Election Assistance Commission — an independent, bipartisan panel that conducts many roles to improve the administration of elections — to change the national mail voter registration form requiring "documentary proof" of citizenship. It also called for states to not count absentee or mail-in ballots postmarked by Election Day, but received afterwards.
The Brennan Center for Justice at NYU Law, a law and policy organization, described the EO as a "clear violation of federal law and the Constitution." And in late June, a federal judge blocked provisions of the order.
On March 31, Trump issued an executive seeking to create a national voter list. The directive was blocked by a judge as well.
Then on Thursday, Trump removed the last three members of the US Election Assistance Commission. Reports say the president fired the two Democrats and the Republican member resigned.
"Today's terminations are deeply concerning in light of President Trump's relentless efforts to try to interfere in elections," Michael Waldman, the Brennan Center for Justice president and CEO, said in a statement.
"Congress deliberately structured the Election Assistance Commission as a bipartisan agency to help states administer free, fair, and secure elections," Waldman added. "These removals leave the agency without leadership and unable to carry out its major responsibilities."
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