DOJ Demands Washington Sequester Ballots From 400 Alleged Noncitizens Ahead of Midterms

Key points

• The Justice Department gave Washington state 24 hours to review a list of more than 400 registrants it believes are noncitizens and to sequester any ballots they cast in the upcoming election.
• Acting U.S. Attorney Neil Floyd stated that the 405 individuals identified represent only the 'tip of the iceberg' and that the DOJ intends to send additional lists before Election Day.
• Washington Secretary of State Steve Hobbs rejected the request, arguing that the timing is designed to cast unfounded suspicion on the results and that the state will only respond to requests that follow due process.
• The DOJ’s list includes records dating back to 1994, and some individuals may have since become naturalized citizens, according to state officials.
• This action is part of a broader federal push to intervene in mail ballot counting in states with competitive House or Senate races, following similar demands in California and Alaska.

Background

This development follows a series of federal challenges to state election processes in 2026. In late October, the DOJ demanded California sequester ballots from up to 20,000 alleged noncitizens, leading to a lawsuit that an appeals court rejected on Monday. Similarly, the administration sued Alaska over a Senate race certification issue. These actions have been described by election experts as lacking clear legal authority under federal law, which grants state legislatures primary control over the time, place, and manner of congressional elections.

How outlets are covering it

The Justice Department, through Acting U.S. Attorney Neil Floyd, asserts that it has identified over 400 noncitizens who have voted in multiple elections, claiming 'high confidence' in its findings despite not disclosing specific evidence. Floyd criticized Washington for refusing to share unredacted voter rolls, stating this hindered the investigation. In contrast, Washington Secretary of State Steve Hobbs and his office argue that the DOJ’s data is flawed, potentially including U.S. citizens, and that the timing is intended to harass voters and undermine confidence in the election. Hobbs noted that only 15 instances of illegal voting have been documented in Washington since 1982. The Guardian and Democracy Docket highlight that the DOJ’s list includes outdated records and that the federal government’s approach mirrors its contested actions in California, where courts questioned the DOJ’s authority and the reliability of its data.

Why it matters

The DOJ’s demand in Washington could disenfranchise legitimate voters if the state complies, particularly given the state’s mail ballot system where all registered voters receive ballots by default. The timing, just one week before the general election, raises concerns about the federal government’s ability to influence the outcome of competitive races, such as Washington’s third congressional district, which is crucial for the Democratic strategy to retake the House majority. The legal challenges in California and Alaska suggest that the DOJ’s authority to intervene in state election certification is limited, but the continued pressure may create administrative burdens and public confusion.

What to watch

Washington state officials are reviewing the DOJ’s list to determine if it complies with state and federal laws, including the 90-day quiet period before elections that bars the removal of voters from registration lists. The DOJ has indicated it will send additional lists of suspected noncitizens before Election Day. Federal courts are expected to continue reviewing the DOJ’s actions in California and Alaska, which may set precedents for the Washington case. State officials are likely to defend their position in court if the DOJ pursues legal action, as it did in California.