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

Key points

• The Justice Department sent a letter to Washington Secretary of State Steve Hobbs demanding the state sequester ballots from 405 people identified as potential noncitizens.
• Acting U.S. Attorney Neil Floyd stated the list represents the 'tip of the iceberg' and that federal officers are now routinely checking voter registration status during interactions.
• Hobbs criticized the timing as an attempt to cast 'unfounded suspicion' on the results, noting that one individual on the list last voted in 1994.
• The DOJ has demanded additional data, including addresses, dates of birth, and partial Social Security numbers, to verify eligibility.
• This is the third such federal challenge this month, following similar actions in California and Alaska, all involving competitive House or Senate races.

Background

The 2026 midterm elections are critical for determining control of the U.S. House and Senate. Washington’s third congressional district is particularly competitive, with Democrats relying on Rep. Marie Gluesenkamp Perez’s reelection to retake the House majority. The state uses a mail ballot system for all eligible voters, which the DOJ has targeted in previous states like California. Prior investigations in Nevada and Maricopa County found far fewer noncitizen voters than initially alleged, with some cases resulting in zero confirmed instances.

How outlets are covering it

The Justice Department, represented by Acting U.S. Attorney Neil Floyd, asserts that the 405 individuals are noncitizens who have voted multiple times, claiming 'high confidence' in their findings despite not disclosing specific evidence. Floyd argues that state limitations on the investigation have prevented uncovering the full scope of the issue. In contrast, Washington Secretary of State Steve Hobbs and state officials reject the claims as baseless, noting that only 15 documented instances of illegal voting have occurred in the state since 1982. Hobbs emphasized that the timing is intended to sow doubt and that the data includes inactive registrations and individuals born in the U.S. California officials similarly criticized the DOJ’s demands, with Los Angeles County finding that a sample of 200 records included canceled registrations and U.S.-born voters. Federal appellate judges in California declined to rule on the DOJ’s expedited timeline, sending the case back to a lower court, which state officials viewed as a victory for voting rights.

Why it matters

The DOJ’s actions in Washington, California, and Alaska could influence the outcome of key House and Senate races by casting doubt on the integrity of the election. If successful, these demands could disenfranchise legitimate voters and alter the balance of power in Congress. The legal challenges and public disputes over voter eligibility highlight ongoing tensions between federal and state authorities regarding election administration and the protection of voting rights.

What to watch

The Justice Department anticipates sending an additional list of suspected noncitizens to Washington before Election Day. State officials are reviewing the DOJ’s request and assessing whether the demanded information complies with state and federal laws. The outcome of the California lawsuit, which was sent back to a lower court, may set a precedent for how other states respond to similar federal demands. The November 3 midterm elections will proceed, with the potential for further legal challenges and public scrutiny of voter eligibility.