DOJ demands Washington sequester 400 ballots from alleged noncitizens ahead of midterms

Key points

• DOJ identified 405 noncitizens registered to vote in Washington, alleging they cast 1,500 ballots in multiple elections since the late 1980s.
• Acting U.S. Attorney Neil Floyd stated many individuals are green card holders who may have been registered without their knowledge via the Motor Voter program.
• Washington Secretary of State Steve Hobbs argued the DOJ’s data is inaccurate, noting only 15 verified noncitizen voting incidents in the state since 1982.
• The DOJ gave Hobbs 48 hours to segregate the ballots or face emergency legal relief, mirroring a recent lawsuit against California.
• Hobbs criticized the timing as an attempt to cast 'unfounded suspicion' on the upcoming election results, while federal officials warned of potential criminal charges for illegal voting.

Background

This action follows a broader federal push to challenge state voter rolls, including a lawsuit against California to set aside 20,000 mail-in ballots. Federal courts have previously questioned the DOJ’s authority to intervene in state election processes, dismissing 27 of 30 lawsuits seeking unredacted voter data. Washington state had previously refused to provide its unredacted voter registration list, leading the DOJ to use public records and DHS data to identify potential noncitizens. The state’s automatic voter registration system is linked to citizenship verification through the Department of Licensing, a point emphasized by state officials to counter federal claims of widespread fraud.

How outlets are covering it

Fox News emphasized the scale of the alleged fraud, highlighting that some individuals voted up to 27 times and that the 400 identified represent only a 'tip of the iceberg.' It noted that many were green card holders registered without their knowledge. ABC News and CBS News focused on the legal and political controversy, noting that the DOJ’s demand mirrors a contested lawsuit in California and that federal courts have dismissed similar requests. CBS News highlighted that the DOJ used public voter lists after Washington refused to provide unredacted data. FOX 13 Seattle highlighted Secretary of State Hobbs’ argument that noncitizen voting is statistically negligible (0.0000006% of ballots) and that the DOJ’s actions risk disenfranchising legitimate voters due to flawed data. Hobbs also suggested the timing was politically motivated to create a narrative of election fraud ahead of the midterms.

Why it matters

The DOJ’s demand to sequester ballots from 400 alleged noncitizens in Washington state raises significant questions about the accuracy of federal voter verification methods and the potential for political interference in state-run elections. If the DOJ’s data is flawed, as state officials claim, it could lead to the wrongful disenfranchisement of eligible voters. Conversely, if the allegations are accurate, it highlights gaps in the state’s automatic voter registration system. The timing, just days before the midterms, adds a layer of political tension, potentially influencing public perception of election integrity and the outcome of the November 3 vote.

What to watch

Washington state has until Wednesday to review the DOJ’s list and determine whether to segregate the ballots. If the state does not comply, the DOJ has threatened to seek emergency legal relief. A hearing is also set for Tuesday regarding the DOJ’s similar bid to force California to set aside 20,000 mail-in ballots. The DOJ has indicated it may provide a second list of alleged noncitizens 'imminently.' State election officials are urging voters to use official drop boxes due to recent postal processing changes that may delay postmarks.