DOJ demands pause on 405 Washington ballots

Federal prosecutors in Seattle issued a formal demand to Washington state officials on Monday to separate the ballots of more than 400 registered voters who are believed to be noncitizens. Neil Floyd, the acting U.S. attorney, and Pete Serrano, the federal prosecutor for eastern Washington, stated that these individuals likely hold green cards but lack U.S. citizenship, rendering their participation in federal elections illegal. The move expands the Justice Department's recent legal campaigns to audit state voter rolls just days before the November 3 midterm election.

The prosecutors estimate that more than 1,500 ballots have been cast by these suspected noncitizens across multiple elections. Floyd noted that some individuals on the list have voted for over a decade, with one record showing more than two dozen votes. He described the current list as only a partial view of the issue, suggesting the total number of noncitizens voting in the state is likely higher. The Department of Homeland Security is expected to provide a second list of alleged noncitizens to state officials soon.

Floyd and Serrano provided a list of 405 specific names to Steve Hobbs, the Washington Secretary of State. The letter required Hobbs to review the list within 48 hours, by Wednesday, and instruct election officials to hold any new ballots from these voters until their citizenship status is confirmed. If the state fails to implement this process, the prosecutors warned that the United States government would seek emergency relief from a federal court.

Hobbs confirmed receipt of the letter but raised concerns about the accuracy of the data provided. His office pointed out that the list includes multiple records for individuals who last voted in the 1990s, including one person who last cast a ballot in 1994. More than 113 million primary and general election ballots have been cast in the United States since that time. Hobbs stated that his office takes the protection of voter information seriously and will only respond to requests that follow due process.

In a statement, Hobbs said he did not want Washington voters to be harassed, referencing recent disputes in California. He criticized the timing of the request, which came one week before the general election, saying it was intended to cast unfounded suspicion on the final results. Hobbs argued that the state should focus on ensuring every eligible voter can cast a ballot, especially as thousands of voters already face rejections due to delayed postmarks.

The Justice Department originally sought Washington state's unredacted voter registration list last year. After Hobbs refused to release the data, which includes names, addresses, driver's license numbers, and partial Social Security numbers, the Trump administration sued the state. A federal judge dismissed that lawsuit last month. The administration has sued 30 states and the District of Columbia for similar data, but federal judges have tossed out 27 of those cases, with three remaining pending.

Floyd explained that because Washington refused to provide its full rolls, the Department of Homeland Security used a publicly available list of registered voters and compared it with government records to identify the alleged noncitizens. The Trump administration then investigated whether those individuals actually cast ballots in the state. The Secretary of State's office warned that this system can mistakenly flag legitimate U.S. citizens, potentially putting their right to vote at risk.

This action in Washington follows a similar effort in California earlier this month. There, the Justice Department gave officials 48 hours to verify the status of registered voters it claimed were noncitizens. The department subsequently sued California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan to block the tabulation of mail ballots from 20,000 people. A hearing on that request is scheduled for Tuesday. In Washington, the Justice Department has sent a letter but has not yet filed a lawsuit to force the separation of the 405 voters' ballots.

Under federal law, it is a crime for noncitizens to vote in U.S. elections, though instances of such voting are described as rare. The federal government's push to intervene in state election processes has intensified in the final week of the campaign, with prosecutors urging states to segregate specific ballots before counting begins.