Homeland Security Secretary Markwayne Mullin issued a stark warning to state officials on Friday, asserting that they could face lost funding or investigations if they fail to comply with President Donald Trump’s election security demands. The remarks come just months before the 2026 midterm elections, which will determine control of Congress. While experts argue these threats are likely hollow due to constitutional limits and ongoing legal challenges, Mullin's comments were delivered from the White House complex following a primetime address by the president aimed at undermining public confidence in the voting process.
Disputed Claims on Noncitizen Voting
Mullin advanced unsubstantiated claims made by Trump that federal data identified 250,000 noncitizen voters across California, Nevada, New Jersey, and Pennsylvania. He argued that the Department of Homeland Security’s investigation relied on public data to identify registered voters who are not citizens. However, election experts note that such data is insufficiently detailed or updated to accurately determine voter eligibility.
State officials in affected regions have firmly rejected these assertions. California Governor Gavin Newsom responded via social media, stating, "California has free, fair, and secure elections and we will fight for them." Similarly, Nevada Secretary of State Cisco Aguilar expressed confidence in the integrity of his state’s voter file, noting that significant work has been done to ensure voter rolls are clean. Research supports these officials' positions, indicating that noncitizen voting is exceedingly rare.
Legal and Political Pushback
Mullin urged states to participate in the Department of Homeland Security’s overhauled SAVE program, a federal tool designed to audit voter lists. He warned that failure to submit sensitive voter data could result in fines, penalties, or even prison time for state officials. At least 25 states have used the program since April 2025 after its search abilities were expanded.
Despite these threats, legal experts and state leaders view the demands as illegal. David Becker of the Center for Election Innovation and Research pointed out that fifteen courts to date—including those with judges appointed by Trump—have confirmed the federal government cannot legally demand access to states' sensitive voter data. Furthermore, efforts to pass the SAVE Act through Congress have stalled in the Senate due to insufficient Republican votes to overcome filibuster rules.
Cybersecurity Concerns and Federal Withdrawal
Mullin also highlighted concerns regarding electronic voting machine vulnerabilities, promising that Cybersecurity and Infrastructure Security Agency (CISA) would release an updated election infrastructure plan within 30 days. However, this promise contrasts with recent actions by the Trump administration, which has dismantled parts of CISA’s election security operation.
During the previous term, more than a dozen election-focused staffers were placed on administrative leave and $10 million was slashed from two cybersecurity initiatives dedicated to helping state officials. The agency remains without a Senate-confirmed director. Nevada Secretary Aguilar dismissed federal offers of infrastructure support as "nuts," emphasizing that states must protect their own elections in the absence of reliable federal assistance.
