Justice Department Demands Washington State Set Aside Ballots Over Noncitizen Voting Allegations

The Trump administration on Monday escalated its efforts to challenge voter eligibility in key states, formally asking Washington state officials to set aside ballots cast by more than 400 individuals the federal government alleges are noncitizens. The request arrives less than two weeks after the Justice Department initiated a similar demand in California, signaling a broadening strategy to scrutinize voter rolls in states that will decide control of the U.S. Congress.

In a letter addressed to Washington Secretary of State Steve Hobbs, the Justice Department stated it had identified approximately 1,500 votes previously cast by more than 400 individuals whom federal authorities suspect lack U.S. citizenship. The administration has requested that the state sequester any ballots these individuals might cast in the upcoming midterm elections until their legal eligibility can be verified by state officials. Washington currently has more than 5 million registered voters and utilizes a universal mail-in ballot system.

Charles Neil Floyd, the acting U.S. attorney in Seattle, characterized the current list as merely the “tip of the iceberg.” During a news conference, Floyd claimed that federal investigators have only been able to uncover a fraction of suspected noncitizen voters due to data access limitations imposed by the state. He noted that the Justice Department has sought comprehensive personal information, including residential addresses, dates of birth, driver’s license numbers, and partial Social Security numbers, to facilitate its investigation.

Hobbs confirmed his office is reviewing the request but sharply criticized its timing, coming just one week before the general election. He suggested the move was intended to cast doubt on the eventual results. Washington officials pointed out that the federal data provided alongside the request included voter history dating back as far as 1994, raising questions about the relevance and accuracy of the current list.

The Justice Department’s methodology for identifying these individuals relies heavily on “recent contacts” between federal officers and suspected noncitizens. Floyd explained that federal agents are now routinely checking the voter registration status of individuals they encounter through various administrative or enforcement actions. However, the Justice Department acknowledged to Washington officials that some individuals on the list may have successfully completed the naturalization process since their initial contact with federal authorities.

This legal pressure in Washington marks the third such state-level challenge initiated by the administration this month. Similar actions have been launched in California and Alaska, all of which feature competitive races that are pivotal to the balance of power in Washington, D.C. In Washington, particular attention is focused on the third congressional district, where Democrats are fighting to retain a seat held by Congresswoman Marie Gluesenkamp Perez. Her district is considered a critical battleground in the effort to determine House leadership.

The push for sequestration has already faced legal hurdles elsewhere. In California, where the Justice Department sought to set aside ballots for up to 20,000 people, a federal appellate panel expressed skepticism regarding the administration’s authority and timing during a rare Sunday hearing. On Monday, the appellate judges declined to grant the expedited ruling requested by the government, instead returning the matter to a lower court.

Local election officials have also raised concerns about the reliability of the federal government’s data. Monica Flores, the assistant registrar-recorder for Los Angeles County, stated in a court filing that a sample review of 200 records provided by the administration included numerous errors. The sample contained individuals who were born in the United States, as well as registrations that were already canceled or inactive. California Attorney General Rob Bonta and Governor Gavin Newsom have both characterized the federal actions as an overreach and an assault on democratic processes.

While federal officials maintain that the investigation is necessary to ensure election integrity, Washington state officials have countered by noting that other factors, such as recent changes in U.S. Postal Service operations, have already posed significant challenges to disenfranchised legitimate voters. The Justice Department indicated it expects to provide Washington with additional lists of suspected noncitizen voters before Election Day.