DOJ Demands Washington Sequester Ballots From 400 Alleged Noncitizens Ahead of Midterms
The Justice Department has asked Washington state to set aside ballots from over 400 individuals it alleges are noncitizens, a move occurring just eight days before the November 3 midterm elections. Acting U.S. Attorney Neil Floyd claims these registrants cast 1,500 votes in prior cycles, while state officials argue the data is flawed and the timing is designed to undermine public confidence. This action follows similar, legally contested demands in California and Alaska, where federal courts have questioned the DOJ’s authority to intervene in state election processes.
Key points
- DOJ letter to Secretary of State Steve Hobbs identifies 405 individuals, alleging they cast 1,500 votes in prior elections without citizenship.
- Acting U.S. Attorney Neil Floyd described the list as the 'tip of the iceberg' and cited state limitations on federal investigations.
- Hobbs criticized the timing as an attempt to cast 'unfounded suspicion' on the results, noting one record dates back to 1994.
- The request is the third direct state challenge this month, following similar actions in California and Alaska involving competitive House and Senate races.
- Federal appellate judges in California declined to rule on the DOJ’s expedited timeline, sending the case back to a lower court.
Background
This demand follows a pattern of federal challenges to state election processes in 2026. In California, the DOJ sued to block the counting of up to 20,000 disputed ballots, while in Alaska, a lawsuit sought to delay vote certification. Previous investigations in Nevada and Maricopa County found far fewer instances of noncitizen voting than initially alleged by the administration. Washington state has only 15 documented instances of illegal voting since 1982, according to state officials.
How outlets are covering it
The DOJ, represented by Neil Floyd, asserts high confidence in its findings and claims state restrictions hindered its investigation. Washington Secretary of State Steve Hobbs and The Guardian characterize the move as an attempt to sow doubt in the election outcome, noting the data includes inactive registrations and voters who last voted in 1994. AP News highlights that noncitizen voting is exceptionally rare, while Democracy Docket emphasizes that the DOJ provided no evidence for its claims. California officials, including Attorney General Rob Bonta, have vowed to fight the 'unlawful overreach,' and federal judges have questioned the constitutionality of the DOJ’s demands.
Why it matters
The request targets Washington’s 3rd Congressional District, a competitive race crucial for Democrats’ strategy to retake the House majority. The timing, one week before the general election, raises concerns about disenfranchising legitimate voters and undermining public confidence in the integrity of the 2026 midterms.
What to watch
Hobbs’ office is reviewing the DOJ’s request to ensure compliance with state and federal laws, particularly the 90-day quiet period before elections. The DOJ anticipates sending an additional list of suspected noncitizens prior to Election Day. Federal courts in California are expected to continue reviewing the DOJ’s authority to intervene in state election certification processes.
- Trump administration asks Washington state to hold more than 400 people’s ballots The Washington Post
- Trump administration asks Washington to set aside hundreds of ballots from suspected noncitizen voters The Guardian
- Trump administration asks Washington to set aside ballots from 400 voters it says may be noncitizens AP News
- Feds allege over 400 noncitizens vote in WA; Hobbs disputes data Washington State Standard
- DOJ demands Washington set aside ballots from alleged noncitizens on state roll Democracy Docket
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